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| Supreme Court, New Delhi |
The Supreme Court has stayed until further orders the Madras High Court's judgment of 15th March 2024 that quashed the Auroville Governing Board's order constituting the Auroville Town Development Council (ATDC) in 2022.
The Secretary, Governing Board of Auroville Foundation filed a Special Leave Petition (SLP) in the Supreme Court on 22nd April against the Madras High Court's verdict. A division bench of the Supreme Court on 29th April heard Attorney General R. Venkatramani appearing for the Governing Board of Auroville and Mr. Aravind Dattar, Senior Advocate representing Natasha Storey, an Auroville resident who won the case at the Madras High Court and issued the Stay Order. The court has posted the case for hearing in the week beginning 8th July 2024. Hon'ble Ms. Justice Bela M. Trivedi who was on the bench that heard the Governing Board's appeal against the National Green Tribunal (NGT) Order of 2022 and substantially but partly stayed it in December 2023 and Hon'ble Mr. Justice Pankaj Mithal constitued the Supreme Court bench.
The first division bench of the Madras High Court consisting of Hon'ble Mr. Sanjay V. Gangapurwala, Chief Justice and Hon'ble Mr. Justice D. Bharatha Chakravarthy in their judgment of 15th March 2024 held that the members of the ATDC are to be nominated by the Residents Assembly and approved by the Governing Board.
The High Court had also observed that Section 16 of the Auroville Foundation Act titled “Committees of the Governing Board” (exercising which the Board constituted the ATDC) enables the Governing Board to appoint sub-committees and co-opt residents without voting power but it does not imply that “the Governing Board can frame Standing Orders and permanently take away the functions of the other arms of the foundation namely, the Residents' Assembly or the Advisory Council. Nor it can entrust such functions to the Secretary of the Foundation”.
See a summary of the Madras High Court's judgment here: Madras High Court quashes order constituting Auroville Town Development Council
Source: Supreme Court of India & Madras High Court