Land exchanges by Auroville Foundation challenged in Madras High Court
About 2400 acres of lands were purchased for Auroville project by Sri Aurobindo Society over a period of 6 years by raising funds through donations between 1967 to 1973. When conflicts developed between the residents (mainly of foreign origin) and SAS after the Mother left her body in 1973 and turned violent Govt. of India (Under Prime Minister Smt Indira Gandhi) passed 'Auroville Emergency Provisions Act 1980' and took control of Auroville. Even though there was a govt. appointed Administrator in Auroville and in 1988 Auroville Foundation was established by an Act of Parliament most lands were not properly protected or cared for resulting in encroachments of some lands by the locals. Auroville Foundation then started the policy of exchanging lands outside the Masterplan to acquire lands within the Masterplan area. The land exchanges did not result in acquisition of all the necessary lands and the cost of lands was rising due to the increasing popularity of Auroville as a tourist destination. It was said those owning lands inside Auroville Masterplan were said to be demanding in exchange lands with high real estate value such as those near the national highway which were, incidentally, purchased under the Mother's administration.
Background image: a view in AuroOrchard. Source: Facebook
One such land was AuroOrchard (45 acres) named so by the Mother and is still under the guidance of Gerard (Switzerland national) to whom the Mother had given its charge in the late 1960s telling him that its purpose would be "to feed Auroville's kitchen". According to a recent mail from Anshul, one of the Auroville residents managing the AuroOrchard farm, to the Governing Board, "AuroOrchard supplies over 60% of all fruits and vegetables produced by all Auroville farms". This is in spite of it not getting enough financial support from Auroville administration. Yet, AuroOrchard became the target of land exchange, while some lands near the highway were untouched. Besides, the land of AuroOrchard by its proximity to the highway is highly lucrative for real estate speculators. However, the worst happened not when the extreme environmental backed regime was in control but when the Governing Board and the Secretary, appointees of the Govt. of India took control of land exchanges in 2021. Six acres of AuroOrchard were exchanged a few months ago and more seem to have been or on the way to being exchanged. It is alleged by some residents that these lands have been exchanged for pieces of lands within the Masterplan area at a much less value than what it is worth causing tens of crores of rupees loss to Auroville.
It is regrettable that parts of AuroOrchard purchased and named by the Mother is being exchanged by the Indian govt. appointed Board and Secretary. Surely the Govt. of India is not so poor that the Foundation is forced to barter such a land to build Auroville? From a broader perspective it also shows that Indians lack faith as the Mother, from whose eyes nothing escapes, had observed in another context:
The Working Committee of the Residents Assembly (RA WCom) had been protesting the land exchange through numerous letters to the Governing Board and the Secretary but they were of no avail. A few days ago, an Auroville resident, Krishna Devanandan, filed Writ and Miscellaneous Petitions against Auroville Foundation on the land exchanges carried out since 2021, in the Madras High Court. The court ordered the issue of notice to the Auroville Foundation on 28th March 2024.
The Writ Petitions prays for court orders to Auroville Foundation to refrain from “proceeding with any transaction of land transfer, including land exchanges without following the procedures laid down in the Auroville Foundation Rules 1997 and General Financial Rules 2017” (both issued by the govt. of India) and a direction to the District Registrar to “cancel the relevant entry of registrations to all land exchanges entered into” by Auroville Foundation from 2021 till date which have been undertaken without following the said rules.
The Writ Miscellaneous Petitions pray for the court's Interim stay order to Auroville Foundation from proceeding with any transaction of land transfer without following the above-mentioned Foundation and Financial Rules and a direction to Auroville Foundation to produce before the court all sale deeds, land deeds and other such instruments of transfer related to the above till the Writ Petition is disposed by the Court.
Auroville Foundation Rules mentioned by the petitioner:
4 (1) (d) in consultation with the Working Committee and the FAMC of the Residents Assembly to acquire by purchase, lease, gift or otherwise any immovable property which may be necessary or convenient for the purposes of the Foundation;
4 (1) (i) to sell, transfer, lease or otherwise dispose of any immovable property of the Foundation in consultation with the Working Committee and the FAMC:
General Financial Rule mentioned by the petitioner:
Rule 309 Save as otherwise provided in any law, rule or order relating to the transfer of Government land, no land belonging to the Government or any of its bodies, including autonomous bodies, PSUs, etc. shall be sold without previous sanction of the Government.
The case was listed for hearing for admission on 25th April 2024 but was adjourned indefinitely. On the 8th August after a plea for early hearing Justice Sounthar listed it for hearing on 22nd August 2024.
Sources:
1. Website of Madras High Court
2. RA WCom legal update 29th March 2024
3. Auronet References › Legal Documents › Auroville Foundation Act, rules and regulations
4. Controller General of Accounts, Department of expenditure, Govt of India
A video interview of Gerard, AuroOrchard, April 14, 2020
Update: Judgement has been reserved today, 27th February 2025, by Justice N. Anand Venkatesh on the writ petition challenging land exchanges filed by Auroville resident Krishna Devanandan in the Madras High Court in March 2024
