August 12th, 2022

Aug 12, 2022

Victory in the High Court for WCom & ATDC cases

WCom TDC Judgement

High Court Judgement extracts

The three petitions that were awaiting judgment in the Madras High Court have come to a conclusion. You can find the full court verdict here. Below is a short overview of the outcome. A more detailed report on the legal and practical implications of the judgment will be shared as soon as possible.

Madras High Court – Working Committee of the RA is reinstated – The WCom petition of Hemant Lamba has been allowed. The Governing Board is not allowed to get involved in appointing the Working Committee, which is strictly the jurisdiction of the RA. Seetharaman’s order was quashed*, therefore the WCom of the RA was reinstated as the legitimate body (Hemant, Sauro, Chali, Mael, Aravinda, Bharathy & Valli).

All four authorities of the Foundation are directed to abstain from taking any policy decisions until the Register of Residents has been updated, and the Secretary of the AVFO is directed to update the RoR immediately.

The Auroville Foundation is directed to work strictly with the approval and collaboration of the Residents’ Assembly along with all other authorities of the Foundation, and not separately from them.

*Quashed: Rejected as invalid by legal procedure.

Madras High Court – Office Order 491 is quashed – The petition of Krishna Devanandan is allowed. Office Order 491 regarding the ATDC has been quashed and any further policy decisions are disallowed until the RoR has been updated and proper approval of all authorities including the Residents’ Assembly has been obtained.

Madras High Court – Outreach Media case is dismissed – The case of Outreach Media was dismissed due to a lack of locus standi, a legal technical issue that means that the petitioner is not directly affected and thus cannot come to court with the matter. The real affected executive, or the appointing authority (i.e. FAMC of the RA or the RA), must come to court.

National Green Tribunal – Next hearing planned – The latest National Green Tribunal hearing happened on 10th August. The Joint Committee did not file the report and requested for more time. More time was given. Next hearing is posted to 23rd August.

The FAMC case is postponed until the first week of September.