NEW DELHI: UP govt has informed the Supreme Court that the disputed “private well” near the Mughal-era Jama Masjid mosque in Sambhal was situated on public land. A status report was filed before a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar following a Jan 10 direction of SC.
“The petitioners are attempting to create private rights over a public well. The subject well is part of the 19 wells that are being revived by the district administration for inter alia, rainwater harvesting, water recharge and use by all communities” the report said.
The report stated that the well, locally known as “dharani varah koop”, was situated near and not inside the disputed religious site, and had no connection with the mosque.
“Even the disputed religious site is 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,” it added.
The state administration formed a three-member committee comprising the SDM Sambhal, area officer, Sambhal and the executive officer, municipal council, Sambhal, to examine the status of the well in question.
The Uttar Pradesh govt said the petitioner failed to disclose there was a well within the boundary walls of the mosque known locally as “yagna koop”.
The committee, in a spot inspection, found that the well was situated outside the mosque boundary wall, the report said. “The petitioner has annexed misleading photographs attempting to show that the subject well is located inside its premises..It was also found during the inspection that this well was in use since time immemorial by persons of all communities.