New Delhi:The Uttar Pradesh government has told the Supreme Court that the well, claimed to be located near the entrance of the Shahi Jama Masjid at Sambhal, is situated on a public land and not inside the mosque and has no connection with the mosque, and even the disputed religious site (the mosque) is itself situated on public land. The state government said the petitioners are attempting to create private rights in respect of public property.
The Uttar Pradesh government, in a written response filed in the top court, said that the well is situated on public land and it is locally known as "Dharani varah koop" ("subject well"). "The said subject well is situated near and not inside the disputed religious site, and as such, has no relation/connection with the mosque/ disputed religious site. Even the disputed religious site is itself situated on public land," said the state's response.
The Uttar Pradesh government made it clear that the well is a public well and is not situated anywhere inside the mosque/disputed religious site, and added, "in fact, there is no access to the subject well from inside the mosque".
On January 10, 2025, the Supreme Court directed that status quo be maintained in connection with the well located near the entrance of the Shahi Jama Masjid at Sambhal. A bench led by Chief Justice of India Sanjiv Khanna issued directions to private respondents and local authorities at Sambhal on an application filed by the management committee of the mosque.
The state government said the district administration had formed a three-member committee comprising the SDM Sambhal, area officer, Sambhal and the executive officer, Municipal Council, Sambhal, to examine the status of the well in question. "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 three-member committee in its spot inspection found that the subject well is situated outside the mosque boundary wall," said the state government.
The state government said the mosque committee has annexed misleading photographs attempting to show that the subject well is located inside its premises, and also submitted true copies of the photographs depicting the side views of the subject well which clearly demonstrate it is outside the mosque. The state government said the mosque committee’s application is misconceived and makes factual misrepresentations before the apex court, and the petitioners are attempting to create private rights in respect of public property.
The state government said that it was also found during the inspection that this 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," said the state’s response in the apex court.
The state government said the district administration has been involved in an ongoing plan to revive the culturally significant sites in Sambhal district which involves the conservation and restoration of 19 historically significant wells. The subject well forms one of the 19 wells. "A proposal has been submitted for the conservation/restoration of 14 of such wells, estimating an expenditure of Rs. 123.65 lakhs," it said.
"In fact, the process of restoration has begun and a report dated February 2, 2025, by the Municipal Council, Sambhal, notes that the 19 wells sought to be restored in Sambhal city are associated inter alia, with rainwater harvesting, water recharge and socio-cultural-religious beliefs," it said.
The state government said in the initial phase of the revival plan, the municipality has gotten all the wells in the city area, which were closed or filled with mud and garbage, cleaned completely, with netting installed for safety. "Signage boards with the historical names and historical significance of the wells are being installed. The next steps would include the creation of a Parikrama path, drinking water facilities, installation of Boards depicting the historical and cultural significance of the wells," it said.
The state government said at present Sambhal district is in the dark zone in terms of ground-water levels, and therefore, the renovation of wells for ground-water recharge is urgently needed, and the Sambhal Well Revival plan is one step to ensuring such a goal. "The said revival of these ancient wells would also attract tourism to Sambhal as a culturally and historically significant region. Thus, the Petitioner’s attempt to thwart the said revival process is not only illegal but also detrimental to the ecological preservation and development of the region," said the state government.
The state government stressed that it is committed to ensuring peace and harmony in the region, as undertaken during the hearing on January 10, and any restraint on the use of such public wells by the community at large, as is being sought in the present application may not help in achieving the said goal. On January 10, the apex court had directed the respondents to file their counter-affidavits and status reports within two weeks, and the matter is scheduled for hearing on February 25. Senior advocate Huzefa Ahmadi had represented the mosque committee and advocate Vishnu Shankar Jain had represented Hindu side before the apex court. The Uttar Pradesh government contended that the situation around the place was peaceful but the applicant sought to create an issue.
The apex court in November, last year, had told the Uttar Pradesh Police and Sambhal district administration to be "totally, absolutely neutral" and maintain peace after violence in the area left five dead. Protesters had clashed with the police over a survey, ordered by a civil court, to verify claims by Hindu plaintiffs that the mosque was built over a temple in the 16th Century.
The apex court had put on hold the civil proceedings in the local court and directed the mosque survey report prepared by the advocate commissioner to be kept in a sealed cover. The apex court in December, last year, while acting separately on a batch of pleas against the Place of Worship Act, 1991, had restrained all courts from entertaining fresh suits and also from passing any interim or final orders in pending cases seeking to reclaim religious places.
