Disputed well near Sambhal’s mosque a public property: UP

The Uttar Pradesh government has informed the Supreme Court that the well near the Shahi Jama Masjid in Sambhal is situated on public land and has no connection with the mosque, countering claims made by the mosque management committee.

In a status report submitted before the apex court, the state government stated that the well, locally known as ‘Dharani Varah Koop,’ is outside the mosque boundary and has historically been accessible to all communities. It added that even the mosque is erected on public land.

“Even the disputed religious site is itself situated on public land. The well is a public well and is not situated anywhere inside the mosque/disputed religious site. In fact, there is no access to the subject well from inside the mosque,” the report asserted.

The dispute stems from a claim that the Mughal-era mosque was built after demolishing a historic temple, Harihar Temple.

The dispute had gained momentum after violence erupted during the court-ordered survey of the Shahi Jama Masjid on November 24, 2024. Four people lost their lives in clashes that broke out over claims that the mosque was built on the site of a Hindu temple.

On November 29, the Supreme Court restrained the trial court from proceeding with the suit and advised the mosque committee to approach the Allahabad high court. It directed the Uttar Pradesh government to ensure peace and consider resolving the dispute through community mediation under Section 43 of the Mediation Act. The November 29 order also put the survey report under wraps, instructing authorities not to act upon or publicise it until the high court hears the case

The mosque committee later filed an application alleging that local authorities had issued notices describing the well as a temple and allowing Hindu prayers at the site. It contended that the well, situated at the mosque entrance, was used for mosque-related purposes and that opening it for worship could disrupt communal harmony. On January 10, a bench led by Chief Justice of India Sanjiv Khanna restrained the state authorities from acting on the impugned municipal notice, demanding a status report from the administration

In response, the state government formed a three-member committee comprising the SDM Sambhal, Area Officer, Sambhal, and the Executive Officer, Municipal Council, Sambhal, to assess the well’s status.

According to the status report, the committee’s inspection confirmed that the well is outside the mosque’s boundary wall and has been dry since at least 2012. It also noted that, following communal riots in 1978, a police post was built on part of the well, while the remaining portion continued to be used until it was eventually covered.

The government dismissed the mosque panel’s claims, stating that misleading photographs had been annexed to suggest that the well was inside the mosque premises. It also pointed out that there exists another well within the mosque boundary, known as ‘Yagna Koop,’ which remains untouched and is separate from the disputed well.

Additionally, the status report highlighted the state’s broader efforts to conserve and restore historically significant wells in Sambhal district. Of the 19 identified wells, proposals have been submitted to restore 14, with an estimated budget of ₹123.65 lakh. Restoration work on ‘Chaturmukh Koop’ is reportedly in its final stages.

The Uttar Pradesh government has argued that the mosque committee’s plea in the Supreme Court is now infructuous since the Allahabad high court has already stayed the trial court proceedings. The state also reiterated its commitment to maintaining communal harmony in the region.

The Shahi Jama Masjid, located in Sambhal, has been at the center of communal tensions since a suit filed on November 19, 2024, alleged that it was built over a Hindu temple site. The plaintiffs sought access to the site for worship, prompting the local trial court to order a survey, which was carried out with photography and videography.

The mosque management committee claimed that the survey was conducted ex parte, without prior notice, and alleged undue haste in the proceedings. The Uttar Pradesh government later constituted a three-member committee, led by former Allahabad high court judge Devendra Kumar Arora, to investigate the violence.

The dispute over the Shahi Jama Masjid is part of a growing list of similar litigations across India, where claims over religious sites have been made by Hindu plaintiffs. On December 12, 2024, the top court issued a directive restraining courts across India from entertaining fresh suits or ordering surveys of mosques to determine whether temple structures lie beneath them. These issues are being examined in the context of the Places of Worship (Special Provisions) Act, 1991, which freezes the religious character of places of worship as it stood on August 15, 1947, barring the Ayodhya-Babri dispute which was ongoing at the time.