Sambhal Mosque Case | Well Near Masjid Is Situated On Public Land, Has No Connection With Mosque : UP Govt Tells Supreme Court

Denying the claims of the Sambhal Shahi Jama Masjid Committee over a well situated near the masjid, the State of Uttar Pradesh has told the Supreme Court that the subject well is situated on public land.

In a status report filed in the Supreme Court, the State said that the subject well, locally known as "Dharani varah koop”, is not situated inside the Mughal-era structure( which the State described as a "disputed religious structure"). The well has no relation or connection with the "mosque/disputed religious site", the report stated.

"Even the disputed religious site is itself situated on public land. It is submitted that the well is a public well and is not situated anywhere inside the mosque / dispute religious site. In fact, there is no access to the subject well from inside the mosque," the State said.

Last November, a trial court had ordered a survey of the Shahi Jama Masjid at Chandausi in a suit which was filed claiming that the mosque was built after destroying a historic temple. Challenging the trial court's order, the mosque management approached the Supreme Court, which asked it to approach the High Court instead and kept the survey order on hold the proceedings in the meantime. 

Later, the mosque management filed an interlocutory application saying that the local administration had issued notices/posters describing the adjacent well as a temple. The mosque panel claimed that the well was being used for its purposes. Since the well is situated at the entrance of the mosque, opening the same for Hindu prayers will result in mischief and disturb the fragile harmony and peace in the area at the moment, the application stated. In January, the Supreme Court had restrained the authorities from acting in furtherance of the notice issued in respect of the well and sought the State's status report.

In the report, the Government stated that the "well was in use since time immemorial by persons of all communities." "However, now it has no water and it was further found that after the communal riots of 1978, a Police chowki was built on top of one part of the well. The other part continued to be in use even post 1978. It was further found that sometime in 2012, the subject well was covered and at present there is no water in the well," the report stated.

The State said that a three-member committee comprising the SDM Sambhal, Area Officer, Sambhal and the Executive Officer, Municipal Council, Sambhal, was formed to examine the status of the well in question. It contended that the mosque panel has annexed misleading photographs in its application to raise baseless claims.

"Upon examining the records, it was discovered that the petitioner has failed to disclose that there is in fact a well within the boundary walls of the mosque /disputed religious site locally known as “Yagna koop”. It is submitted that there has been no interference with the said “Yagna koop”. The 3-member committee in its spot inspection found that the subject Well is situated outside the mosque boundary wall. In fact, it may be noted that the Petitioner herein has annexed misleading photographs attempting to show that the subject well is located inside its premises. True copies of the photographs depicting the side views of the subject well which clearly demonstrate that the same is outside the mosque/ Disputed religious site," the report said.

The State also argued that the mosque panel's SLP has now become infructuous as the Allahabad High Court has stayed the trial court's proceedings. The issue with respect to the well is outside the subject matter of the SLP, the State further argued.

"It is submitted that the entire application is misconceived and the petitioners are attempting to create private rights in respect of public property," the State said.

Case : Committee of Management, Shahi Jama Masjid, Sambhal v. Hari Shankar Jain and others | SLP(C) No.28500/2024