The Supreme Court of India, on April 29, asked the Sambhal Shahi Jama Masjid Committee to submit its response within two weeks to the Uttar Pradesh Government's status report on the location of a disputed well near the mosque.

The State of Uttar Pradesh, in its report filed before the Supreme Court, stated that the well—locally called Dharani Varah Koop—is not located within the mosque premises. It claimed the well is near a police outpost and unrelated to the mosque, which the State referred to as a "disputed religious structure."

"The well is situated near a tanker, totally outside,"
— Additional Solicitor General KM Natraj, for the State of UP

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The issue arose from a petition by the Mosque Committee challenging a trial court’s order dated November 19, 2024, which allowed a survey of the mosque by an Advocate Commissioner. The suit had claimed that the mosque was constructed after demolishing a pre-existing temple.

During the hearing, Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar granted the committee two weeks to reply. Senior Advocate Hufeza Ahmadi, representing the Mosque Committee, sought three weeks, citing that the Committee Chairman had been arrested following unrest triggered by the survey order. The bench, however, declined the extension.

“Take a mulaqat and do it. Somebody else can also file the response. Please do it in two weeks only,”
— CJI Sanjiv Khanna

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Ahmadi argued that the well had historically been used by the mosque and was partly located inside its premises. He said the well had been covered with cement but was used for drawing water for religious purposes.

"The well was never opened from the top, we have been drawing water from it since time immemorial,"
— Senior Advocate Hufeza Ahmadi

The Chief Justice suggested that the issue might be resolved peacefully by allowing shared usage of the well.

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“Can this issue not be resolved? I thought this issue can be resolved. Because let's assume that you are using the well, but let others also use the well,”
— CJI Sanjiv Khanna

Ahmadi responded that the location of the well made it difficult for shared use as it was at the mosque's base, and water usage was tied to religious practices.

Previously, the Court had restrained the UP authorities from acting on any notices related to the well and directed that any survey report by the Advocate Commissioner be kept sealed.

The Court also asked the State to consider forming a peace committee under Section 43 of the Mediation Act to maintain communal harmony.

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In related developments:

• The Supreme Court had ordered the Sambhal trial court not to proceed with the matter until the High Court listed the Masjid Committee’s challenge.
• On December 12, 2024, while hearing cases under the Places of Worship Act, the Court ordered lower courts not to pass interim or final orders in pending suits related to similar disputes.
• The Allahabad High Court stayed the trial court proceedings against the mosque until February 25, 2025.

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The original trial court order had allowed a survey based on claims that the mosque, built in 1526 by Mughal emperor Babar, was constructed after demolishing a temple. The survey order led to violence in Sambhal on November 24, 2024, resulting in four deaths.

The matter remains under consideration by the Supreme Court.

Case Title: Committee of Management, Shahi Jama Masjid, Sambhal v. Hari Shankar Jain and others | SLP(C) No. 28500/2024