Well near Sambhal masjid is on public land; no connection with mosque: UP to Supreme Court

The Uttar Pradesh government has told the Supreme Court that the well located near the disputed Shahi Jama Masjid in Sambhal is situated on public land and has no connection with the mosque [Committee of Management Shahi Jama Masjid Sambhal v. Hari Shankar Jain and Ors]..The top court had last month stayed the implementation of a notice issued by Sambhal authorities regarding the well.The order had been passed on an application moved by mosque management committee, which alleged that Sambhal administration in its drive for the "so-called revival of old temples and wells", was planning to give allow public to access the well. The notice was projecting the mosque as a temple, it was alleged..In response to the application, the government said even the mosque is situated on public land."The subject well is situated on public land. It is submitted that the well that forms the subject matter of the present IA 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. 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 government also claimed that the well was in use since time immemorial by all communities. However, now it has no water."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 government reply stated..Further, the government said another well is situated within the boundary walls of the mosque. The well is locally known as 'Yagna koop', the State said. "It is submitted that there has been no interference with the said “Yagna koop”," the reply stated.With regard to the notice, the government also said it pertained to “rishikesh Mahakoop” and not the subject well. "A perusal of the hoarding annexed as Annexure A5 would show that it depicts a well called Rishikesh Mahakoop and a Sanskrit shloka about the well taken from the book Sambhal Mahatme pasted on it, followed by the meaning thereof. Therefore, the said Annexure A5 has nothing to do with the subject well and the Petitioners have attempted to mislead the Hon’ble Court.".The reply was filed in response to the application moved by the Committee of Management Shahi Jama Masjid Sambhal in its appeal against a civil court order for survey of the mosque. A civil court had issued the direction in a suit filed by advocate Hari Shankar Jain and seven others who claimed that the mosque was constructed over a demolished temple during the Mughal era.In November 2024, the top court called upon the authorities to maintain peace and harmony in the wake of the violence that followed the court order. The government has now said that the appeal filed by the mosque management before the Court was now infructuous since the Allahabad High Court last month stayed the entire suit proceedings before the civil court..Further, the 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," as per the State reply.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, the government has told the top court..In a related development in a case related to the Places of Worship Act, the top court in December 2024 directed trial courts across the country to not pass any effective orders or surveys against existing religious structures in suits filed disputing the religious character of such structures..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.