Two judgements of the Supreme Court of India

The Auroville Foundation welcomes the recent landmark judgments delivered by the Hon’ble Supreme Court of India on 17th March 2025, which have reinforced the Governing Board’s authority to implement Auroville’s vision as envisioned by the Mother and approved through a statutory Master Plan, and has clarified the role to be played by the Residents’ Assembly. The Auroville Foundation was represented by the Attorney General of India, Mr. R. Venkataramani, Adv. Mr. Vaibhav Venkatesh, the Legal Counsel of the Auroville Foundation. and Adv. Mr. Balaji Srinivasan.

Verdict on Environmental Clearance and the Auroville Master Plan

In the case of The Auroville Foundation vs. Navroz Kersasp Mody & Ors. (C.A. No(s). 5781-5782 of 2022), the Supreme Court:

• Set aside the National Green Tribunal’s (NGT) directions that had stalled the construction of Crown Road and other essential infrastructure projects aligned with the Auroville Master Plan.

• Affirmed that the Auroville Master Plan—originally envisioned by the Mother, approved in 2001 by the Governing Board and the Government of India, and notified in 2010—has statutory force and does not require fresh Environmental Clearance (EC).

• Held that the Crown Road and related projects were part of an approved statutory plan and could not be halted by invoking the Precautionary Principle where no substantial question of environmental law was involved.

• Recognized that the area in question (Darkali) was not a forest and did not require clearance under the Forest (Conservation) Act, 1980.

Relevant excerpts from the judgement:

Para no. 17 “…it is equally true that while the right to a clean environment is a guaranteed fundamental right under Articles 14 and 21 of the Constitution of India, the right to development through industrialisation 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” harmonising and striking a golden balance between the 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 set aside, and are hereby set aside.”

In summary, the Court’s verdict recognises 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 Madras 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.

Relevant excerpts from the judgement:

Para no. 16 “From the conjoint reading of the provisions of the A.F. Act and the said Rules, there remains no shadow of doubt that the Governing Board is vested with all the powers and is empowered to discharge all the functions as may be exercised or discharged by the Foundation, and that the general superintendence, direction and management of the affairs of the Foundation vests in the Governing Board alone.”

Para no. 17 “Having regard to the statutory provisions in the Act and the Rules, we are of the opinion that the impugned Standing Order 01.06.2022 containing the Standing Order No. 01/2022 does not suffer from any legal infirmity. There is no legal or statutory right conferred upon the Residents’ Assembly or upon an individual resident to be part of any committee/council constituted by the Governing Board in exercise of its powers conferred under Section 11(3), 16(1) and 17(e) of the said Act read with Rule 5(1) and 5(2) of the said Rules. The functions of the Residents’ Assembly are confined only to advise the Governing Board in respect of the activities relating to the residents of Auroville and to make recommendations as specified in Section 19 of the Act, and not any further.”

Para no. 18. “In that view of the matter, we are of the opinion that the High Court has thoroughly misdirected itself in misinterpreting the provisions of the A.F. Act and in setting aside the impugned Notification containing the Standing Order dated 01.06.2022. The impugned Order being highly erroneous deserves to be set aside, and is hereby set aside.”

Para no. 19 “As demonstrated earlier, some disgruntled and discontented residents kept on filing petitions one after the other dragging the Appellant-Foundation into unnecessary litigations. The Writ Petition filed by the respondent before the High Court was one of such ill motivated petitions filed by her to abuse the process of law, to hamper the development of Auroville and to cause obstructions in the smooth functioning of the Governing Board of the Foundation. Hence, the Appeal is allowed with cost of Rs.50,000/- to be deposited by the respondent before the Supreme Court Legal Service Committee within two weeks from today.”

Commitment to Auroville’s Vision and Growth

The Auroville Foundation remains steadfast in its commitment to realising the vision of the Mother—establishing a universal township dedicated to human unity. With the Court’s endorsement of the Master Plan and the Governing Board’s powers, Auroville can now move forward without unnecessary hindrances or legal obstacles.

Way Forward: Implementing Auroville’s Vision

Auroville will resume all pending infrastructure projects aligned with the Master Plan, including the Crown Road and related developments. The Auroville Town Development Council (ATDC) will continue its work in line with the reconstituted structure approved by the Governing Board. The Foundation remains committed to ensuring transparency, accountability, and growth while advancing Auroville’s mission.

Gratitude and Appeal for Collaboration

All residents and stakeholders are invited to join hands in this journey of growth and progress by supporting all efforts to implement Auroville’s vision. Collective cooperation and harmony are essential to fulfilling Auroville’s destiny as a beacon of an Actual Human Unity.

Issued by: Sindhuja, AVF Legal Coordinator

Date: 17 March 2025