New Delhi: The Uttar Pradesh government has informed the Supreme Court that a disputed well in Sambhal is not located inside the Shahi Jama Masjid area but is situated on public land and is, therefore, a public water body. In an affidavit filed before the top court Monday, naib tehsildar of Sambhal district refuted the assertion made by the mosque management committee that the well—locally known as Dharani Varah Koop—was private, since half of it is located within the Shahi Jama Masjid, while the other half is outside.
The committee had approached the top court with a plea to restrain the Sambhal district administration from acting on a municipal notice to open the well for public use. Acting on the plea, a bench of Chief Justice Sanjiv Khanna and Justice P.V. Sanjay Kumar on 10 January ordered that the December 2024 municipal notice shall not be acted upon.
The mosque management committee has filed its application against the public use of the well in a pending matter where it has challenged a Sambhal civil court’s order to direct a survey of the mosque. This civil court order was issued in response to a suit in which the Hindu side raised legal questions over the character of the mosque, claiming it was built after the demolition of a temple that originally stood there. The survey triggered widespread tensions in Sambhal, culminating in violent clashes on 24 November 2024, which left four people dead and several injured, including police personnel.
The UP government’s affidavit described the management’s application over the location of the well as “misconceived” and an “attempt to create private rights over a public well”.
Dharani Varah Koop is part of 19 wells that are being revived in Sambhal for rainwater harvesting, groundwater recharge, and use by all communities.
These efforts, the UP government submitted, were not just in line with the top court’s observations stressing the need to revive natural water bodies for ecological preservation but were also in consonance with the United Nations Sustainable Development Goal to ensure access to clean water and sanitation for all.
The UP government’s affidavit further disclosed that documentary records show there is another well within the boundary walls of the mosque, now a disputed site, which is called Yagna Koop. The state accused the mosque management of failing to declare this fact to the top court. The state, it said, had not interfered with the operation of Yagna Koop.
“The said subject well (Dharani Varah Koop) 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/disputed religious site. In fact, there is no access to the subject well from inside the mosque,” read the affidavit, filed by advocate Ruchira Goel.
The state affidavit is based on an inspection of the site carried out by a three-member panel constituted soon after the 10 January interim order of the Supreme Court. The sub-divisional magistrate (SDM) of Sambhal, area officer, and the executive officer of the municipal council of Sambhal were its members.
According to the affidavit, during the inspection, the committee found that the well had been in use since time immemorial by people of all communities. But, it was also found that after the communal riots of 1978, a police chowki was built on top of one part of the well, while the other part continued to be in use even after 1978.
Further, the affidavit stated that sometime in 2012, the well in question was covered, and at present, there is no water in the well.
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Revival of wells
The government submitted that the Sambhal Revival Plan, which involves the conservation and restoration of 19 historically significant wells, is urgently needed because the district is in the “dark zone” in terms of groundwater levels. Therefore, renovation of the wells is critical to address the water crisis.
Moreover, the plan to revive culturally significant sites in Sambhal is also aimed at boosting tourism in the district. The restoration of these wells, it said, will attract tourists due to their cultural and historical significance. The estimated cost for this project is pegged at around Rs 123.65 lakh, the state further claimed.
The mosque management committee’s application, the state said, is an attempt to thwart the revival process. This, it argued, is not only illegal but also detrimental to ecological preservation and the region’s development.
Giving more details about the restoration project, the affidavit contended that work had already begun. According to a report from the municipal council of Sambhal dated 20 February, the 19 wells being restored are associated with rainwater harvesting, groundwater recharge, and socio-cultural-religious beliefs.
In the initial phase of the revival plan, the municipality cleaned all the wells in the city that were closed or filled with mud and garbage, installed nets on the wells for safety purposes, and set up signage boards with the historical names and significance of the wells.
The next steps include the creation of a parikrama (circumambulation) path, drinking water facilities, and installation of boards depicting historical and cultural significance of the wells.
‘Mosque management misleading court’
The state criticised the management of Shahi Jama Masjid for incorrectly translating its notice on the revival of wells and misleading the court with it. According to the affidavit, the management had relied upon a public notice while seeking a stay on the municipal council’s proposed attempt to allow public use of the well. However, the notice pertained to a different well—Rishikesh Mahakoop—located nearby, not Dharani Varah Koop.
“A perusal of the said correct translation would firstly show that the content pertains to one ‘Rishikesh Mahakoop’ and not the subject well, which is Dharani Varah Koop. Second, it has put up boards and content signifying the cultural importance of the well,” the affidavit stated.
The UP government also clarified that the map placed before the court by the mosque management to suggest the district administration was targeting Shahi Jama Masjid through the wells-revival plan was an ancient map of the Sambhal region, taken from the book Sambhal Mahatmya.
This map was part of a signboard set up to provide information on Rishikesh Mahakoop.
The state further accused the petitioners of providing misleading photographs to the court to falsely claim the disputed well was within the mosque premises. It presented “true copies of the photographs,” which, according to it, clearly demonstrated that the well is outside the disputed religious site or Shahi Jama Masjid.
According to the UP government, the mosque management committee’s appeal challenging the trial court’s order for a survey of the mosque is now infructuous since the matter is already before the Allahabad High Court. Acting on this appeal, the high court has already stayed the entire civil suit that led to the survey order. The state argued that the mosque management filed its application without disclosing the developments in the high court.
(Edited by Radifah Kabir)
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