Published: October 2023 (2 years ago) in issue Nº 411
Keywords: Working groups and Madras High Court
Legal updates
On 12th August last year, the case regarding the legitimacy of the Residents Assembly working groups was judged in favour of the RA. Soon after, on 26th August, the AVFO appealed the case, and obtained a temporary stay on the judgement, pending the outcome of the appeal. The case was heard on 4th September 2023. A mass bulletin from the RA WCom informed that “the Hon'ble judges noted that the RA is a statutory body…allowing the RA to function on the condition that no policy decision is taken that would change the structure of the Auroville Foundation. This removes impediments and restrictions on the functioning of the RA and its Working Committee, subject to the above condition.” The RA WC clarified that this is only a modification of the interim order of stay granted earlier. The main appeal is still pending before the Madras High Court, with the next hearing scheduled on 27th September, 2023.
A new writ petition by an affected resident asking the court to intervene in the planned ‘Outer Ring Road’ was not admitted by the Madras High Court, as the said resident had been offered another house. The order confirms the functions of the RA to formulate the Master Plan and do Admissions and Terminations, but also states that “Auroville houses are the property of the Auroville Foundation, and the Governing Board has the full legal right to do with them as they see fit. Individual Aurovilians, who are the "third party" that the judgement speaks of, have no right to claim any say over Auroville assets: they are allowed to use it or not, as the Governing Board decides.”