Supreme Court Seeks Mosque Committee’s Response on Well Dispute in Uttar Pradesh’s Sambhal
The Supreme Court on Tuesday directed the management committee of a mosque in Uttar Pradesh’s Sambhal district to reply within two weeks to the state government’s claim that a well, which the mosque alleges is partially within its premises, is located outside the disputed site.
A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar issued the direction while hearing an application filed by the mosque committee.
The application challenges a November 19, 2024, order by a local court appointing an advocate commissioner to survey the mosque, following claims by a Hindu group that the Mughal-era mosque was built over a destroyed temple known as the Hari Mandir.
The dispute centers around a well near the mosque. The mosque committee pointed to a public notice, allegedly issued by the Sambhal Nagar Palika, that described the well as being situated in a corner of the Hari Mandir.
In response, the court had stayed the notice on January 10 and asked the Uttar Pradesh government to submit a status report.
In its February 22 report, the UP government asserted that the well, locally referred to as ‘Dharani Varah Koop, ‘ is situated outside the mosque’s boundaries and has no connection to the religious structure.
“The well is public property and cannot be accessed from within the mosque,” the state said, adding that it stands on public land.
On Tuesday, the court inquired why the mosque committee had not yet submitted a response. Senior Advocate Huzefa Ahmadi, representing the committee, requested an extension of three weeks, citing the arrest of mosque committee president Zafar Ali, who has been in jail since March 23.
Ali was detained following violence during a protest against the court-ordered survey on November 24, 2024, in which four people died.
The CJI, however, denied the request for more time. “Take a ‘mulaqat’ in jail and do it. Someone else from the committee can also file the reply. Please submit it within two weeks,” he said.
The bench also sought clarity on whether the well is partially inside the mosque premises. Additional Solicitor General (ASG) K.M. Nataraj, representing the state, said the well lies entirely outside the mosque, backed by photographic evidence.
Ahmadi disagreed, asserting the well is covered with cement and has historically been used by the mosque for religious purposes through a water pump. He claimed the state was now seeking to open the well.
The CJI noted that wells are typically left open and asked whether an amicable resolution was possible. “Assume the mosque uses the well—why not let others use it too?” he suggested.
Ahmadi responded that the location of the well—at the foot of the mosque—complicates the matter, as it is used for religious rituals, not merely water collection. “The issue is not just usage, but performance of ceremonies,” he said.
“You can perform religious ceremonies elsewhere,” the CJI replied. Ahmadi responded, “The concern lies elsewhere.”
The ASG, citing official records, said the well is located near a water tanker, outside the mosque, and beyond a police post. The court has now given the mosque committee until mid-May to file its response and will continue hearing the matter thereafter.
