Gujarat High Court Imposes ₹2 Lakh Cost On PIL Petitioner Over Misleading Plea Seeking Somnath Temple Survey Report

The Gujarat High Court has dismissed a Public Interest Litigation (PIL) seeking disclosure of the scientific archaeological survey report of the Somnath Temple site, imposing exemplary costs of ₹2 lakh on the petitioner for filing the case with "incorrect, incomplete, misleading and distorted facts."

A Division Bench comprising Chief Justice Sunita Agarwal and Justice D.N. Ray held that the petition amounted to a misuse of the PIL jurisdiction and undermined the sanctity of public interest litigation.

The petitioner, Dr. Vilas Tukaram Kharat, had sought directions to the Union Government to place in the public domain the archaeological survey report, Ground Penetrating Radar (GPR) findings, maps, structural analysis, photographs, videography and other records prepared by IIT Gandhinagar and the Archaeological Survey of India concerning the Somnath Temple site. He also sought preservation of archaeological material and public access to such records for academic research.

The Court found the PIL to be wholly misconceived, noting that the petitioner had failed to disclose his occupation, produced no material to establish his association with the NGO he claimed to represent, and made several factual assertions without any supporting evidence. It also pointed out that his claim regarding the existence of a "Shree Somnath Trust Act, 1955" was incorrect.

The Bench observed that the petition was based entirely on newspaper reports and social media posts, with no authentic source or personal knowledge supporting the allegations. It further held that the pleadings and affidavit failed to properly disclose the source of information relied upon.

Concluding that the petition appeared motivated by ulterior motives or a desire for publicity, the Court dismissed the PIL with costs of ₹2 lakh. It directed the petitioner to deposit the amount with the Registrar General within three weeks, failing which it would be recovered as arrears of land revenue.