'Wholly Misconceived': Gujarat High Court Imposes ₹2 Lakh Cost On Litigant Seeking Disclosure Of ASI Survey On Somnath Temple Site

The Gujarat High Court has dismissed a PIL plea seeking disclosure of archaeological survey report, ground penetrating radar (GPR) survey, maps, structural analysis, photographs, videography and all the related documents concerning the Somnath Temple site. [2026 LiveLaw (Guj) 177]

In doing so the court imposed cost of Rs. 2 Lakh on the litigant, after noting that as per the contentions in the plea, all information disclosed was based on news reports and information on social media, and none of it could be verified by the petitioner as being true to his personal knowledge or based on any authentic record or material researched by him. 

A division bench of Chief Justice Sunita Agarwal and Justice DN Ray in its order observed:

"The contentions made in the writ petition that all information disclosed therein are based on some news items, published in the print media as well as information on social media, are sufficient to dismiss the writ petition outrighlty, inasmuch as, none of the statements made in the writ petition can be verified by the petitioner being true to his personal knowledge or based on any authentic record or material read over or researched by him.

Further, the factual statement made in the paragraph Nos.1 to 6 of the writ petition are not even properly sworn in the affidavit filed by the petitioner as to the source of the information or knowledge of the petitioner. This petition thus, is found to have been filed with incorrect, misleading and distorted facts and being in the nature of Public Interest Litigation cannot be entertained as it would cause damage to the sanctity of the benevolent cause of law of Public Interest Litigation evolved by the Apex Court".

The court said that it was more than evident that the petitioner is an unscrupulous person who has filed the PIL with "incorrect, incomplete, misleading and distorted facts, evidently with ulterior motives, or to gain undue publicity".

The PIL sought a direction to the respondents including the Union of India and ASI to place in public domain the scientific archaeological survey report, ground penetrating radar (GPR) survey, records, findings, maps, structural analysis, photographs, videography and all the related documents prepared by I.I.T Gandhinagar and Archaeological Department of India concerning the Somnath Temple Site.

It further sought a direction for preservation and protection of all archaeological records, scientific materials, structural findings and historical data relating to the Somnath Temple site and adjoining area. It also sought a direction to respondents to ensure that archaeological and scientific material concerning monuments of national importance is preserved in accordance with law and made accessible for academic and historical research to lawful restrictions.

The court in its order noted that the petitioner is a resident of Maharashtra associated with an NGO called Sanatan Dhamm. It noted that there was no disclosure in the PIL about the actual occupation/profession of the petitioner to earn his livelihood.

The court said that the petitioner's submission that the Shree Somnath Trust includes Prime Minister of India and higher Government officials as trustees and it performs public ritual  and administrative functions though it does not fall under Article 12 of the Constitution of India is without any basis.

Case title: DR. VILAS TUKARAM KHARAT v/s  THE UNION OF INDIA & ORS.

R/WRIT PETITION (PIL) (WRIT PETITION (PIL)) NO. 25 of 2026

Click Here To Read/Download Order

Citation: 2026 LiveLaw (Guj) 177