Gujarat High Court Refuses To Review Order Rejecting Disclosure Of Somnath Temple ASI Survey Documents
The Gujarat High Court refused to review its order dismissing a 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) 2010]For context, the court had in June dismissed a PIL seeking such disclosure with Rs. 2 Lakh...
The Gujarat High Court refused to review its order dismissing a 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) 2010]
For context, the court had in June dismissed a PIL seeking such disclosure with Rs. 2 Lakh costs on the litigant, noting that the contentions in the PIL were 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.
On Friday (July 31) when the matter was listed, a request for adjournment was made before a division bench of Chief Justice Sunita Agarwal and Justice DN Ray, by the petitioner on the premise that the Senior Counsel who had agreed to argue the review application was indisposed.
The bench noted that the review application was filed seeking for recall/review of the bench's June 25 judgment, where the matter was argued by advocate Ratna Vora.
"Ms. Ratna Vora, learned advocate for the review applicant is present in the Court. She, however, refuses to argue the review application on the premise that the learned Senior Counsel has agreed to argue the matter for review.
We do not appreciate this submission of the learned Counsel for the review applicant. Moreover all the averments in the review application are fresh addition to the averments made in the writ petition, which cannot be permitted to be agitated at the stage of review. It is settled law that rehearing within the scope of review is impermissible. The present review application is accordingly, dismissed," the court added.
The court however granted four weeks to the petitioner to deposit the costs, adding that in case of failure the amount shall be realized as arrears of land revenue.
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 review was dismissed.
Case title: DR. VILAS TUKARAM KHARAT v/s THE UNION OF INDIA & ORS
R/WRIT PETITION (PIL)/25/2026
Citation: 2026 LiveLaw (Guj) 2010
Appearance: MR MIREN PRIYADARSHI, MS RATNA VORA for the Applicant(s) No. 1
MR G.H. VIRK, GOVERNMENT PLEADER with MS DHARITRI PANCHOLI and JAY BAROT, for the Opponent(s) No. 4,5,6
MR PRADIP D BHATE(1523) for the Opponent(s) No. 1