The Gujarat High Court has dismissed a Public Interest Litigation (PIL) seeking disclosure of the scientific archaeological survey report relating to the Somnath Temple site, holding that the petition was founded on incorrect, misleading and unverified facts. The Division Bench of Chief Justice Mrs. Justice Sunita Agarwal and Justice D.N. Ray also imposed exemplary costs of ₹2 lakh on the petitioner, observing that the litigation amounted to misuse of the court's process.
Background of the Case
The PIL was filed by Dr. Vilas Tukaram Kharat, a resident of Maharashtra, seeking directions to place in the public domain the scientific survey conducted by IIT Gandhinagar concerning the Somnath Temple site. The petitioner also sought preservation of archaeological records and broader public access to research material relating to the temple.
The petition stated that the information relied upon was drawn from newspaper reports and social media sources. It further claimed that representations had been submitted to the Ministry of Culture requesting disclosure of the survey documents.
During the hearing, the State opposed the petition and pointed out factual inaccuracies, including the petitioner's reference to a statutory enactment governing the Shree Somnath Trust, which, according to the State, did not exist.
Court's Observations
The Bench closely examined the petitioner's credentials and noted that while he claimed to be associated with an NGO, no documentary material was produced to establish that association or to show that he was authorized to institute the litigation on its behalf.
The Court also observed that the petition did not adequately disclose the petitioner's occupation or source of livelihood, despite the claim that he was personally funding the litigation.
Significantly, the Bench found that the factual assertions in the petition rested almost entirely on newspaper reports and social media content without any independent verification or authentic supporting records.
"The petition is based on incorrect, incomplete, misleading and distorted facts," the Bench observed, adding that such pleadings could not sustain a Public Interest Litigation.
The Court further remarked that the factual statements were not properly supported by the affidavit filed along with the petition, making it impossible to verify the correctness of the allegations.
Decision
Holding that the litigation undermined the very purpose of Public Interest Litigation, the Gujarat High Court dismissed the petition.
"The present petition is liable to be dismissed with exemplary cost," the Bench said while concluding that the petitioner had misused the judicial process.
The Court directed the petitioner to deposit ₹2 lakh with the Registrar General of the High Court within three weeks. The amount is to be transferred to the High Court Legal Services Committee.
It further ordered that if the amount is not deposited within the stipulated period, it shall be recovered as arrears of land revenue.
Case Details
Case Title: Dr. Vilas Tukaram Kharat v. The Union of India & Others
Case Number: R/Writ Petition (PIL) No. 25 of 2026
Judge: Hon'ble the Chief Justice Mrs. Justice Sunita Agarwal and Hon'ble Mr. Justice D.N. Ray
Decision Date: 25 June 2026
