SC Upholds Auroville Governing Board’s Autonomy, Rejects Residents’ Claim to Council Membership

THE AUROVILLE FOUNDATION  [APPELLANT]  Vs.  NATASHA STOREY   [RESPONDENT]

CIVIL APPEAL NO. 13651 OF 2024

(2JB, BELA M. TRIVEDI and PRASANNA B. VARALE J., delivered by BELA M. TRIVEDI J.)

 

On March 17, 2025, the Supreme Court ruled that neither the Residents’ Assembly nor any individual resident of the Auroville Foundation has a legal right to be part of any council or committee constituted by the Foundation’s Governing Board. The decision was delivered by a bench of Justice Bela M Trivedi and Justice Prasana B Varale, setting aside a prior Madras High Court ruling that had quashed the constitution of the Auroville Town Development Council (ATDC).

The High Court had earlier ruled against the ATDC’s formation, arguing it lacked the input and advice of the Residents’ Assembly, a body consisting of Auroville residents. However, the Supreme Court found that under the Auroville Foundation Act (AF Act) and its associated rules, the Residents’ Assembly’s role is strictly limited to advising and making recommendations to the Governing Board, as outlined in Section 19 of the Act. The Court made clear that neither the Assembly nor any resident has a statutory or legal right to directly participate in councils or committees like the ATDC.

Criticizing the High Court’s interpretation, the Supreme Court held that it misdirected itself by misreading the AF Act and wrongly invalidated the Standing Order dated June 1, 2022, which created the ATDC. The Supreme Court further noted that repeated legal challenges by certain residents were obstructing the smooth functioning of the Governing Board and hindering Auroville’s development.

Justice Trivedi, while delivering the judgment, remarked that “disgruntled and discontented” residents had been filing petitions with ill intent to stall Auroville’s progress and disrupt the Governing Board’s activities. The Court deemed the petition before the High Court as an abuse of the legal process. In addition to allowing the appeal, the Supreme Court imposed a fine of ₹50,000 on the respondent Natasha Storey, ordering the amount to be deposited with the Supreme Court Legal Services Committee within two weeks.

The Supreme Court also allowed a related appeal from the Auroville Foundation challenging the National Green Tribunal’s (NGT) stay on the township’s expansion project. This broader legal dispute stems from a conflict between Auroville’s residents, who wish for greater participatory governance, and the Governing Board’s authority to make unilateral decisions regarding planning and development.

The Madras High Court had earlier concluded that residents’ input in planning and executing Auroville’s Master Plan was essential and deemed the Governing Board’s power to appoint ATDC members without such consultation as ultra vires the AF Act. However, the Supreme Court has now reversed that position, reinforcing the Governing Board’s autonomy in decision-making under the law. Senior legal representatives, including Attorney General for India R. Venkatramani and other counsel, appeared on behalf of the Auroville Foundation in this matter.

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