Read Time: 11 minutes

Synopsis

The Uttar Pradesh government has submitted before the Supreme Court that the Shahi Jama Masjid at Chandausi, the disputed religious site, is situated on public land. The government also stated that the 'Dharani Varah Koop' well, is also on public land which is located outside the mosque structure and the mosque's management committee has opposed its revival.

The mosque management committee moved the Supreme Court seeking a stay on a civil court’s November 19, 2024, order directing a survey, to be conducted by the Archaeological Survey of India (ASI), of the 16th-century mosque in Uttar Pradesh. The apex court, on November 29, 2024, asked the committee to approach the high court. The high court, on January 8, 2025, stayed the entire suit proceedings.

However, in an interlocutory application filed on January 8, 2025, before the top court, the mosque management committee alleged that the local administration had issued notices claiming that the adjacent well was a temple. 

On this application, the apex court, on January 10, 2025, ordered status quo concerning the well located near the entrance of the mosque. Court also sought a status report from the state government. 

The state government stated that the application filed by the management committee is misconceived and makes factual misrepresentations before the court.

It further said that it had formed a three-member committee comprising the SDM Sambhal, the Area Officer, Sambhal, and the Executive Officer, Municipal Council, Sambhal, to examine the status of the well in question. The committee, in its spot inspection, found that the subject well is situated outside the mosque boundary wall, a position the state government maintained.

"The subject well is situated on Public Land. 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. 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 government stated.

The state government further claimed that the Committee of Management, Shahi Jama Masjid, Sambhal, has annexed "misleading photographs attempting to show that the subject well is located inside its premises." It also furnished true copies of photographs depicting the side views of the well, demonstrating that it is outside the mosque/disputed religious site.

Notably, a suit has been filed by advocate Hari Shankar Jain and others, claiming that the Shahi Jama Masjid at Chandausi was built by Mughal emperor Babar in 1526 after demolishing the Shri Harihar temple.

Also, on petitions filed by NGOs Jamiat Ulama-I-Hind and All India Muslim Personal Law Board, the apex court on December 12, 2024, restrained all courts from entertaining fresh suits and passing any interim or final orders in pending cases seeking to reclaim religious places.

The state government also informed the top court that the District Administration has been involved in an ongoing plan to revive culturally significant sites in the Sambhal District, which includes 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.

The government highlighted that the restoration process has begun, with a February 20, 2025, report by the Municipal Council, Sambhal, noting that the 19 wells sought to be restored in Sambhal city are associated with rainwater harvesting, water recharge, and socio-cultural-religious beliefs. "As part of the initial phase of the revival plan, the Municipality has cleaned all wells in the city area that were closed or filled with mud and garbage, installed netting for safety, and placed signage boards with historical names and significance. The next steps include creating a Parikrama path, drinking water facilities, and installing boards depicting the historical and cultural significance of the wells," it said.

The state government asserted that the revival of ancient wells aligns with various decisions of the Supreme Court, which have emphasized the importance of protecting, conserving, and restoring water sources to maintain ecological balance and ensure a healthy environment as guaranteed under Article 21 of the Constitution. It also aligns with the United Nations Sustainable Development Goal No. 6—Ensuring Access to Clean Water and Sanitation for all.

"At present, Sambhal district is in the dark zone in terms of groundwater levels, making the renovation of wells for groundwater recharge urgently necessary. The Sambhal Well Revival Plan is one step toward achieving this goal," it said. The state government reiterated that the subject well is part of the 19 wells being revived for purposes including rainwater harvesting, water recharge, and use by all communities.

It further noted that reviving these ancient wells would also attract tourism to Sambhal as a culturally and historically significant region. "Thus, the petitioner’s attempt to thwart the revival process is not only illegal but also detrimental to the ecological preservation and development of the region," it stated.

The government also emphasized its commitment to ensuring peace and harmony in the region, as undertaken during the hearing on January 10, 2025. "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," it maintained.

Case Title: Committee of Management, Shahi Jama Masjid, Sambhal Vs Hari Shankar Jain & Others