For over a year now the Forest Group and the Youth Centre (YC) have opposed the clearing of the Crown (ROW) and the laying of an electrical cable alongside it. Arguments have been heard from their side justifying their claim that the Crown should not pass through the YC or the Bliss Forest. The TDC has replied to their arguments explaining why it is necessary to clear the circular Crown right-of-way (RoW) as provided for in the master plan. Almost 300 Aurovilians have written a letter of support to the TDC requesting them to continue their work. The Secretary of the Auroville Foundation has also directed the TDC to complete the task of clearing the master plan RoWs and to lay the HT cable along its designated path along the cleared Crown RoW. He has also directed that other master plan RoWs must be cleared. When the TDC sent a team to survey and mark the Crown, YC residents told them that they are not welcome there and that no survey should take place. One member of the Forest Group had remarked in a posting that proceeding with the work may lead to violence (“We seem to be heading for a violent clash. When the TDC orders the JCB to cut through the YC it will be hard to find peaceful space for dialogue and mutual understanding”).

The defiant blocking of the progress of the development work of building the Township goes against the fundamental structure of the Auroville Foundation Act, the provisions of which govern the functioning of the Auroville Foundation.

How is one to deal with such a situation? It was never expected that Aurovilians would act against Auroville. Hence this situation is new and needs some thinking on what to do.

For those who do not know the background of the TDC here is a brief history of the creation of the TDC.

The Auroville Master Plan provides for the establishment of a “Town Development Council” with an organisation structure as given in Appendix V of the Master Plan (page 108). The Auroville Master Plan also provides for a “Prescribed Authority” to be established by the Auroville Foundation for the implementation of the Master Plan.  In the Standing Order by which the TDC was established by the Governing Board in May 2011, the TDC was also designated as the “Prescribed Authority” for implementation of the Master Plan. The Standing Order by which the TDC was established was amended in June 2019 to take care of a technical detail.

The Governing Board has been given the mandate of ensuring development of Auroville in accordance with the Auroville Master Plan as per section 17(e) of the Auroville Foundation Act. With the establishment of the TDC, the Governing Board undertakes this responsibility through the TDC. Residents of Auroville are expected to take part in the planning and development of Auroville as also shown in the organisation diagram of the TDC on page 108 of the Master Plan document.

The TDC Standing Order makes a reference to l’avenir d’Auroville as follows: “Since the name “L’avenir d’Auroville” was given by the Mother for the Township Planning, developing and building the organisation; the Council shall retain it and may use the expression “Auroville Town Development Council – L’avenir d’Auroville” in its internal communications”.

Getting back to the situation of blocking the progress of the works of TDC, here are some thoughts:

The Mother has told us: “No big creation is possible without Discipline – individual discipline, group discipline, discipline towards the Divine” (16-09-1968).

Could it be that far too many people have entered Auroville who do not have any faith in Mother’s idea of Auroville and want to replace Her idea with their own? If that is so then what should be done? From various communications, postings and meetings it appears that increasingly residents of Auroville seem to think that they are the “clients” of the TDC and that the township is to be built as per their wishes rather than acting as volunteers who build the Mother’s town, where she is the “client” and we are the workers.

The blocking of the work of the town development infrastructure has caused financial losses to Auroville. An issue arises about who will compensate Auroville for these losses. There is an urgent need to hold the people causing these losses accountable and liable to compensate Auroville.

Another related issue arises from this and similar incidents: Many individuals, institutions and corporations have provided donations and grants to Auroville. The Government of India has also provided grants for the development of the Auroville Township. The project of the Auroville Township has been detailed in various brochures that describe Auroville as well as the master plan that sets out how the Auroville Township is to be developed. These brochures have been circulated amongst donors who have contributed for this purpose. Land has been purchased with this plan in mind. Equipment and materials have been purchased to develop the township, including its infrastructure, as per this plan. To use the land for purposes other than for which it was purchased creates a criminal liability towards those who have donated. The people who have encroached upon the land and put it to some other use need to be held accountable and liable under the law of the land.

A reading of the minutes of the meetings of the Governing Board confirms that the Governing Board on numerous occasions had called for accelerating the development of the Auroville township including the preparation of detailed development plans. In their meeting of 8th September 2019, the Governing Board noted that the true experiment of Auroville will only start when Auroville is a vibrant township with 50,000 residents. The Board further noted: “All programs and projects of the Auroville Foundation will henceforth be aligned with the larger program of building the Auroville township within a time frame and as per the Auroville Master Plan.”

However, these directives and guidelines have been flouted specially in relation to the structure and functioning of the Town Development Council, compliance with the Auroville Master Plan and consistent and continuous engagement with the Tamil Nadu Government for the creation of a statutory land use regulation mechanism.  

A masterly continuous argumentation over some issue or the other causing long delays and effectively annulling the directives of the Governing Board has been a strategy used to good effect. Some members of Auroville working groups are seen openly taking sides with those who oppose the Galaxy Concept and the Master Plan based on it, and with those who block the clearing of the Crown and other master plan RoWs and the installation of infrastructure services. In effect they use their position to support the blockage against the work of the TDC rather than assisting with the development of the Auroville Township.

This leads to the following reflections:

1.  What are the consequences for either individuals or a working group that causes financial loss to Auroville? Since no machinery exists within Auroville to claim compensation for losses caused to Auroville, do we use the ordinary legal machinery of the civil and criminal courts to claim this compensation? If we do not want to use the ordinary legal machinery then what are the other ways to deal with this ?There is a need to think about this before it is too late and things go out of our hand.

2. Auroville is being built with financial support in the form of donations and grants, which are given by people who have been touched by the vision of the Mother of her Township. Should there be any consequences for individuals or groups of individuals who covertly or overtly work against the township plans? Since there does not seem to be any mechanism in Auroville to deal with such actions, should Auroville act under ordinary law where such acts may be perceived and treated as cheating and misappropriation, which are criminal offences? Would Auroville need to resort to such measures when the need arises?

• Thyagarajan Narendran
• 09:14 PM, 06 Jan 2022

Additional Solicitor General R. Shankaranarayanan representing the Auroville Foundation today submitted that the dispute in Auroville regarding the felling of trees for laying the Crown Road is merely an internal squabble between two opposing parties of the township and that it does not warrant the interference of the National Green Tribunal.

When the hearing of the matter began, Shankaranarayanan took the tribunal through the pleadings and submitted that the petitioner is well aware that it is merely a construction of roads, however, the petitioners have dragged the issue to the tribunal for no apparent reason. He further submitted that as per the procedure laid down in the Auroville Foundation Act, 1988, the plans were placed before the residential committee and permission was duly granted by the committee. However, the petitioners are contending that the plans subsequent to the approvals of the governmental authorities were not placed before the committee and that it is not contemplated that they should do so.

Shankaranarayanan argued that what was being laid is not an expressway or a State High way but merely a pathway. He argued that the burden of proof to show that a reserved forest was being destroyed is on the petitioners. The Bench however told the ASG that in case of environmental matters, reverse burden applies. The ASG replied to this saying reverse burden applies only when the petitioners have established a prima facie case and not under any other circumstance.

The ASG submitted that the land was barren land and trees were planted in order to battle soil erosion and there was no existing forest prior to that. He further questioned the bonafide of the petitioners asking how their homes would have been constructed if not for felling a few trees.

The ASG submitted that the prayer of the petition seeks directions and a mandatory injunction which is in fact in the nature of a specific performance thereby making it a civil dispute. The ASG further submitted that the petitioners initially sought directions, then they changed their stance to seeking approval from the Town Planning committee thus not having a uniform prayer. The ASG submitted that a street to grant access to a place is not a development, it is merely an easement.

On the argument of the petitioner stating that the road could be deviated to save the trees, the ASG submitted that it will amount to expanding the scope of the petition and that more trees might have to be felled for that purpose since 90% of the construction has already concluded. The ASG further submitted that the revenue records make it clear that these were not forest lands and these were agricultural lands and that it does not come within the purview of NGT. The ASG concluded by saying that the petitioner was having a shack that was demolished for the purpose of laying the road, now that there is an interim order he has rebuilt the shack.

Nithyaesh Natraj, the Advocate, appearing for the intervenors in support of the project submitted that there has been no demonstrable environment issue and that the petitioners have been shifting their arguments from time to time. This is the case where all the lands are owned by Auroville which is deemed to be a State under Article 12 and that the activities of the State are deemed to be fair unless there is a prima facie violation of rights.

He further submitted that the project was first approved in 2001, if the petitioner was so aggrieved he could approach the NGT when the NGT act came into force in 2010. However, the petitioner has waited till 2021 to approach the tribunal just because his shack has been demolished. He submitted that the shack which has been reconstructed now is being used for all nefarious activities.

Natraj argued that each family most of whom are not Indian in Auroville occupies one acre of land for their residence, enjoy free food and other amenities all because Auroville receives substantial funding from the central government. He further submitted that none of Gram Panchayats in India enjoys such luxuries and now that there is a threat to that one acre being encroached for laying this road they have approached the tribunal.

Natraj submitted that all is not well with the organisation that is Auroville and its residents and that it

The grievance in the application was that the Auroville Foundation (respondent) was engaged in cutting large scale trees from the Auroville Forest area which has its own biological diversity and eco-sensitiveness.

The Counsel appearing for the applicant had relied on certain newspaper reports to convince regarding the location of the area with a large number of trees and the manner in which cutting was done by using heavy machinery.

Though certain objections were raised before the authorities, no action had been taken by the authorities which prompted the applicant to file the application, claiming to be an environmental activist to protect the Auroville Forest area against destruction, sought-following reliefs:

a. Direct the 1st respondent to prepare a Detailed Development Plan including a mobility plan which is based on and respects the present-day ground realities, to be approved as mandated in the Master Plan and implement projects based on such plan after necessary impact assessments and feasibility studies in an environmentally sustainable manner.

b. Direct the respondents to pay costs to the applicant.

c. Issue such other orders as it deems fit in the interest of the case and renders justice.

The Counsel appearing for the State of Tamil Nadu had submitted that,

“Tamil Nadu Government has no interest in this matter. Though part of the area is falling within Tamil Nadu the area where activities are going on is exclusively in the possession of the 1st respondent- Auroville Foundation and high dignitaries are at the helm of affairs of the administration of the Foundation.”

On perusal of the facts stated the Bench was satisfied that there arose a substantial question of the environment as to whether any permission is required under the Forest (Conservation) Act, 1980 for cutting trees from an area which can be treated as a ‘Deemed Forest’ under the Forest (Conservation) Act, 1980. As a result, the matter was admitted.

Considering the urgency of the matter, the Bench felt the need to pass an ex-parte interim as if no interim order was passed then it was likely to cause greater damage to the environment.

“Even under Order 39 Rule 1 read with Section 19 (4) of the National Green Tribunal Act, 2010, if Court is satisfied that there arises an extraordinary circumstance which requires the Tribunal to exercise the discretion of issuing an interim order without hearing the other side, then Court can issue such order in order to protect and preserve the property which is said to be under danger,” noted the Bench.

The counsel for the petitioners submitted that he needs some time to reply to the arguments of the respondents. The bench has now posted the matter on Monday for the reply of the petitioner.

Case title: Navroz Kersasp Mody & Anr Vs The Auroville Foundation

D. Ravikumar said that Auroville Foundation should not indulge in any unilateral move, and take decisions contrary to the views expressed by members of the Resident Assembly, to clear trees for a road-laying project

The Pondy Lit Fest, which sparked off minor debates, was held in Pondicherry, on the outskirts of which is Auroville, a settlement dedicated to his ideas.

Chennai:

Tempers are running high at the tranquil enclave of Auroville in Puducherry where a group of residents are protesting against the administration’s plans to build a road envisaged by Auroville founder Mirra Alfassa.

The 4-km inner ring road would connect all four zones of the model city. However, a section of residents says the road plan, named the Crown Project, cuts through a forested area called Bliss and Youth Centre. They are demanding that the plan be slightly altered keeping ecological concerns in mind.

In the latest flare-up, workers from nearby villages, who had been engaged by the administration to help in the project, allegedly roughed up a section of residents, including women. The residents allege they were attacked when they tried to stop an earth mover brought to clear the Youth Centre.

Divya, a resident, has sent a representation to Auroville Foundation, which runs Auroville. “Today, I climbed on top of the JCB which was working at the Youth Centre and asked the driver to stop the machine. The driver was scared, he would have stopped. But 20 goondas surrounding the JCB lifted me off and carried me away. Of course, in the process I got hurt physically, but that is not the point.”

“Human Unity will not be built by bringing police or goondas from villages. Neither will the city be built by this way. You all know that but at this moment are blinded by the narrative of perfect circle and sacred geometry,” she has stated.

Responding to the allegations, Auroville Foundation’s spokesperson Sindhuja Jagadeesh said, “We had engaged the workers to form a chain around the earth mover so that protesters can’t come near the machine. They are our work force from nearby villages. It is the protesters who behaved like goons. They will face the consequences.”

Citing the ecological concerns surrounding the Crown Project, a resident Suhasini Ayer said, “There is a low-lying area at the head of a watershed. We need to have a plantation and we need to work on how to protect the watershed.”

The Foundation’s stand is that the road is part of the master plan of the township as envisioned by the Auroville founder. It also said the residents were aware of the course of his road, but still went ahead and started plantations.

Sindhuja Jagadeesh said, “A feeling of land ownership and entitlement has slowly crept in among residents. At Auroville, we are stewards and not landowners. The master plan stands and we will implement it.”

The Foundation also said they will transplant trees that may need to be removed or plant fresh saplings.

Joel Van Lierde, another spokesperson for the Foundation, said, “You should know that for each tree that will be removed, four trees will be planted.”

The protesters, however, are adamant that no trees should be removed.

An experimental township, Auroville is located mostly in Tamil Nadu’s Villupuram district with some parts in Puducherry. It was founded in 1968 by Mirra Alfassa – known as “The Mother” to her followers and designed by architect Roger Anger.

The vision behind Auroville is that it becomes a universal town where people of all countries are able to live in peace and unity by rising above creeds, politics and nationalities. While it was originally planned for about 50,000 residents, its population has hovered around 3,000 over the past few decades.

“What is going on in the name of Mother and Sri Aurobindo here in Auroville right now is a travesty. The Auroville Foundation is imposing a 20-year-old Master Plan which hasn’t been updated and whose DDPs and Implementation Plans have not even been made, using JCBs against the youth of Auroville, without even showing work orders. We are not against development, but we want development that is ecological and inclusive. Auroville is meant to be a place of human unity. This violent top-down implementation of a rigid plan, ignoring all alternatives suggested for the route, has absolutely nothing to do with human unity,” said Mita Radhakrishnan, another resident.

Ramkumar 11 Dec 2021 4:52 PM

The peaceful spiritual township of Auroville in Puducherry witnessed angry clashes between its residents and workers from nearby villages after earth movers were engaged by the administration of the township and the Town Development Council (TDC) to chop trees to make way for an inner ring road. The proposed road plan called Crown project runs through the Dharkali forest region where the Bliss and Youth centre is located. The Auroville residents allege that the decision to fell trees for the project was taken by the Auroville foundation and the TDC without consulting the community.

On Friday, the National Green Tribunal stayed the felling of trees at Auroville after a plea was filed before the regulatory body by Navroz Kersasp Mody, an environmental activist seeking a direction to the TDC to stop the chopping of trees in Auroville. It should be noted that the decision to implement the project was taken at a meeting chaired by the Governor of Tamil Nadu RN Ravi who was appointed as the new Chairman of the reconstituted Governing Board of Auroville Foundation a couple of months ago. Puducherry Deputy Governor Tamizhai Saundarajan and eight others were also appointed as members of the executive committee. The first executive committee meeting attended by new members was held on November 2nd. Following this, the felling of trees for the construction of a road in the Auroville area under the ‘Crown’ project started on the 4th of this month.

The Aurovillians began their protests earlier this month when the Auroville Foundation tried to implement the project undermining a ‘long-standing collective decision-making process of the community.’ The residents argued that cutting down a large number of trees in the Auroville area would be detrimental to the environment. As per Crown project, the 4-km inner ring road would connect all four zones of the model city. However, a section of residents are demanding that the plan be slightly altered keeping ecological concerns in mind.

Speaking with News9, Vasugi, a resident of Auroville said, “The foundation and Town Development Council took the decision on their own without following the community process. Usually, decisions will be made as a community and it’s mandatory to get approval from the Resident Assembly. This process wasn’t followed.” Mobile footage recorded by the residents shows a clash where a section of the residents were allegedly roughed up by locals. The residents allege they were attacked when they tried to stop an earth mover brought to clear the Youth Centre.

“What is going on in Auroville right now is a travesty. The Auroville Foundation is imposing a 20-year-old master plan which hasn’t been updated. Using JCBs against the youth of Auroville, without even showing work orders is absolutely atrocious. We are not against development, but we want development that is ecological and inclusive. Auroville is meant to be a place of human unity. This violent top-down implementation of a rigid plan, ignoring all alternatives suggested for the route, has absolutely nothing to do with human unity,” said Suhasini Lucas, another resident.

“We do not intend to block any kind of development work in Auroville, but only requesting that an alternative way be chosen as many trees may be cut down for the Crown Way project. Trees have already been cut down with the support of police, that is nothing but barbaric. Auroville Foundation cordoned off the entry points to the Youth Centre and police manhandled and detained youth staying there at midnight on last Sunday.” Hemanth, another resident of Auroville, told News9. He also added that the entry of Aurovillians who tried to reach the project site was blocked by police since Sunday. Citing the ecological concerns surrounding the Crown Project, Kundavi, a resident, said, “There is a low-lying area at the head of a watershed. We need to have a plantation and we need to work on how to protect the watershed. You should know that for each tree that will be removed, four trees will be planted.” Auroville is located mostly in Tamil Nadu’s Villupuram district with some parts in Puducherry. It was founded in 1968 by Mirra Alfassa – known as “The Mother” to her followers and designed by architect Roger Anger. The vision behind Auroville is that it will become a universal town where people of all countries are able to live in peace and unity by rising above creeds, politics and nationalities. While it was originally planned for about 50,000 residents, its population has hovered around 3,000 over the past few decades. Auroville Foundation did not respond to our calls when we reached out for comments.