The Uttar Pradesh government has officially declared that both the disputed Jama Masjid in Sambhal and its adjacent well stand on public land, dismantling the mosque committee’s claims. The government’s status report, submitted in response to a Supreme Court order, exposes alleged misrepresentations by the mosque panel, including misleading photographs falsely suggesting that the well was inside the mosque premises.
The UP government’s submission categorically states that the well in question, historically known as “Dharani Varah Koop,” is not part of the Mughal-era structure and has no religious connection to the disputed mosque. It further asserts that even the mosque itself is situated on public land, significantly altering the legal and historical narrative of the site.
This disclosure comes amid an ongoing legal battle over the disputed Jama Masjid in Chandausi, where a trial court had ordered a survey based on claims that the mosque was built after demolishing a historic temple. While the mosque management challenged this order in the Supreme Court, seeking protection from the survey, the latest revelations could undermine their position and reshape the discourse on religious property disputes in Bharat.
UP government exposes the lies propagated by Muslim side
The UP government of Monday (24 February, 2025) told the Supreme Court that the well located near the mosque is one of the 19 ancient wells for which the administration has prepared a plan to restore. Filing its status report in the court, the state government also said that the well is actually on public land. Furthermore, it said that the mosque itself is on public land.
The UP government told a bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar that the petitioner Shahi Jama Masjid Management Committee has tried to mislead the court by presenting a wrong picture. In its report filed in the court, the UP government said that the well is near the Shahi Masjid complex, not within the mosque complex. The government also told the bench that the well has no connection with the mosque, and even the Shahi Masjid itself is built on public land.
The UP government further told that the well located near the mosque has been used by people of all communities for a long time, but after the communal violence in 1978, a police post was built on one part of the well and the other part continued to be used even after that. But around 2012, this well was covered.
The UP government has said that this well is one of the 19 ancient wells which the district administration is working on restoring. The government has said that these historical wells will give Sambhal a cultural identity and will attract a large number of tourists. The bench was told that the district administration’s plan includes the development of many facilities like Parikrama path, sign boards, but the mosque committee is trying to stop the development in the area.
The government has said that there is no water in the well right now but the district administration’s aim is to fulfill rain water harvesting, water recharge and other purposes through the well. 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 strong refusal of the claims made by the Muslim side, the UP government said that:
“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 3-member committee in its spot inspection found that the subject Well is situated outside the mosque boundary wall. In fact, it may be noted that the Petitioner herein has annexed misleading photographs attempting to show that the subject well is located inside its premises. True copies of the photographs depicting the side views of the subject well which clearly demonstrate that the same is outside the mosque/ Disputed religious site”.
“It is submitted that the entire application is misconceived and the petitioners are attempting to create private rights in respect of public property,” the State said.
Pre-emptive legal action by Muslim side raises suspicions
The Shahi Jama Masjid dispute dates back to a trial court order that sanctioned a survey of the mosque based on allegations that it was constructed after destroying an ancient temple. The mosque panel challenged this in the Supreme Court, which directed them to approach the Allahabad High Court. In the meantime, the survey order was put on hold.
However, in a dramatic turn, the mosque management later filed an interlocutory application, claiming that local authorities had begun referring to the well as a “temple” and planning to allow Hindu prayers at the site. The panel argued that opening the well for public access could lead to communal disturbances in an already fragile social environment.
In response, the Supreme Court, on January 10, 2024, restrained the authorities from acting on the notice concerning the well and sought a status report from the state. The latest revelations by the UUP government, however, directly contradict the mosque panel’s claims and cast serious doubts on their motives.
Broader implications on Hindu temple reclamation movement
This case also ties into the broader debate on the Places of Worship Act, 1991, which bars changing the religious character of places of worship as they existed on August 15, 1947. With multiple petitioners challenging the Act’s validity, the Sambhal Jama Masjid dispute could become a crucial test case, influencing future legal battles over contested religious sites.
With the Allahabad High Court having stayed the trial court’s proceedings, the UP government has now argued that the mosque panel’s plea before the Supreme Court has become infructuous. The government insists that the issue of the well is unrelated to the mosque panel’s petition and should not be entertained under the current case.
