Two more texts on and for Auroville

Relevant excerpts from the judgment: Para no. 17 “…it is equally true that while the right to clean environment is a guaranteed fundamental right under Articles 14 and 21 of the Constitution of India, the right to development through industrialization equally claims priority under fundamental rights particularly under Articles 14,19 and 21 of the Constitution of India. There is therefore a need for “Sustainable Development” harmonizing and striking a golden balance between th e right to development and the right to clean environment.” Para no. 18 “…in the instant case, no substantial question relating to environment had arisen, nor violation of any of the enactments specified in Schedule-I was alleged. The Tribunal therefore had committed gross error in assuming the jurisdiction and giving directions untenable in law.” Para no. 19 “In that view of the matter, the impugned Orders passed by the Tribunal being without jurisdiction and legally untenable deserve to be quashed and s et aside, and are hereby set aside.” In summary, the Court’s verdict recognizes that the Auroville Foundation has been acting fully in accordance with the law and that its development efforts are aligned with a legally approved Master Plan that requires no additional approvals or environmental clearances. Verdict on Standing Orders and Governing Board’s Powers. In a separate case, The Auroville Foundation vs. Natasha Storey (C.A. No. 13651 of 2024), the Supreme Court: ● Set aside the judgment of the Mad ras High Court that had wrongly invalidated Standing Order No. 01/2022 issued by the Auroville Foundation for reconstituting the Auroville Town Development Council (ATDC). ● Reaffirmed that the Governing Board of Auroville Foundation has full authority under the Auroville Foundation Act, 1988 to constitute and reconstitute committees, including the ATDC, for the efficient implementation of the Master Plan. ● Clarified that the Residents’ Assembly’s role is advisory in nature and does not extend to claiming a right to nominate members to committees formed by the Governing Board. ● Noted that repeated litigations by certain residents aimed at obstructing Auroville’s progress constituted abuse of process, and imposed a ₹50,000 cost on the petitioner for filing a frivolous petition. In short, the Supreme Court has reaffirmed the supremacy of the Governing Board in overseeing Auroville’s development and validated the Standing Order 01/2022 aimed at ensuring smooth implementation of the approved Master Plan.

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