Gujarat High Court Fines PIL Petitioner ₹2 Lakh Over Plea Concerning Somnath Temple Survey Report

The Gujarat High Court recently nixed a PIL seeking directions to the Union of India 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.

A Chief Justice Sunita Agarwal led bench of the High Court noted that the petitioner is an unscrupulous person who has filed the Public Interest litigation with incorrect, incomplete, misleading and distorted facts, evidently with ulterior motives, or to gain undue publicity. For this act of the petitioner in misusing the process of the Court, the present petition is liable to be dismissed with exemplary cost of Rs. 2,00,000/- as per the Rules of the High Court, the bench accordingly ordered.

The plea filed by one Vilas Tukaram Kharat also sought to preserve and protect all archaeological records, scientific materials, structural findings and historical data relating to the Somnath Temple site and adjoining area. Kharat also sought 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.

High Court noted that the PIL was wholly misconceived. "The assertion made in the Public Interest Litigation about credentials of the petitioner are that the petitioner is a scholar who has done Ph.D. in Marathi Language from Dr.Baba Saheb Maharashtra University and is founder member of (…...blank) and, at present, he is associated with a N.G.O. called Sanatan Dharm. There is, thus, no disclosure in this Public Interest Litigation about the actual occupation/profession of the petitioner to earn his livelihood. The name of N.G.O. with which the petitioner claim to be associated is not supported by any material on record nor the petitioner has filed the present petition as a representative authorized by the said N.G.O., as is evident from the array of the parties itself."

The bench also comprising Justice DN Ray said a statement in the petition that the Trust declared by law as the Shree Somnath Trust Act, 1955 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.

"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 bench held while dismissing the PIL.

Case Title: DR. VILAS TUKARAM KHARAT Versus THE UNION OF INDIA & ORS.

Bench: CJ Sunita Agarwal and Justice DN Ray

Judgement Date: June 25, 2026