Supreme Court stays Gandhi Peace Foundation eviction

The Centre’s long standing row with NGO Gandhi Peace Foundation and its attempt to evict it from the official premises in Delhi was scotched by the Supreme Court, which not only stayed the eviction process but also gave the UPA government a lesson or two on Gandhian values.

The SC may have not have entertained a plea against UP chief minister Mayawati for her alleged ‘‘natakbaaz’’ comment against Gandhiji, but it was quite strong in its comments when the Centre accused the NGO of indulging in anti-government activities in its Deshbandhu Gupta Road government bungalow.

A Bench comprising Justices B N Agrawal and G S Singhvi was critical of the ministry of urban development’s notification asking the non-government organization, founded with the purpose of espousing the virtues professed by Gandhi, to vacate the premises. The ministry’s counsel A K Srivastava accused the foundation of not only carrying out anti-government activities by constructing staff quarters and servant quarters within the premises, but also sub-letting part of the premises to other NGOs and organizations in breach of the lease deed stipulations.

Violation of lease provisions was one thing, but was it anti-government activity? Puzzled by the nature of the accusation, the Bench came with a caustic observation — ‘‘There is no dearth of people in this country who will call Gandhi anti-national.’’

Smelling a rat in the hurried manner in which the Centre proceeded with the eviction case against the foundation, the Bench said: ‘‘These are sacred institutions. You can’t permit these institutions to be shut.’’ Srivastava, who had to play substitute for additional solicitor general Indira Jaising, laboured hard to save the day for the Centre by referring to the July 14, 2009 letter of the ministry to the officebearers of the foundation.

He said the NGO in response to the communication admitted to having sublet part of the premises to other institutions and organizations. Construction of staff quarters and servant quarters was also not denied, he added.

Objecting to the Centre’s hurry in proceeding with the eviction without giving the foundation a decent opportunity to defend its case, the Bench said the government had not been able to evict unauthorised occupants in bureaucrats and politicians from government bungalows despite repeated orders of the apex court.

‘‘Eminent government servants are qualified to be under unauthorized occupation for staying beyond the permissible period,’’ said the bench and added in a lighter vein that ‘‘if such a notification (to evict unauthorized occupants) is issued, 50% of occupants of government quarters will fall foul.’’

Inquiring into the genesis of the case, the court found that constructions were undertaken at the premises in the 1960s. It said: ‘‘Before passing an order, you (Centre) are required to consider their cause. And no order could be passed unless you are able to establish that the cause shown by them is of no use,’’ the bench said and dismissed the Centre’s petition.
Source:- The Times of India 12 Sep. 09 Page No.6 Delhi

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