In response to an RTI application, the Archaeological Survey of India says it holds no documentary evidence indicating whether the mosque replaced an earlier structure or was built on vacant land
NEW DELHI – The Archaeological Survey of India (ASI) has recently informed the Central Information Commission that it does not possess any record establishing whether the Shahi Jama Masjid in the Uttar Pradesh city of Sambhal was constructed after demolishing a pre-existing structure or built on vacant land.
The disclosure was made during proceedings before the Information Commission in response to a Right to Information (RTI) application seeking historical and ownership details about the mosque.
The RTI application, filed by an applicant named Satya Prakash Yadav, sought clarification on whether the Mughal-era mosque had been built over the ruins of an older structure or on empty land. The applicant also requested documents identifying the owner of the land at the time of construction and any related ownership records.
In its written response, the ASI stated that “no such information is available in this office” regarding whether the mosque was constructed after demolishing a prior structure or erected on vacant land. The department further said it does not have records specifying who owned the land at the time of construction.
The application also asked what type of structures existed at the site when it was taken under protection as a centrally protected monument, whether any new constructions were later added, and what historical disputes were associated with the mosque.
To these queries, the ASI responded that such information was not available in its records.
The commission was informed that the department can only provide information that exists in documented form within its archives and is not obligated to create or compile new information that it does not hold.
During the first appellate hearing, the ASI referred to an incident in 2018 concerning construction activity within the mosque premises. The department noted that no new construction is permitted within the protected area of a centrally protected monument without approval.
According to the ASI, an “unauthorised” steel railing was being erected within the mosque complex in 2018, following which the department issued a stop-work order.
Regarding the period of construction, the ASI cited its existing records to state that the Sambhal Jama Masjid was built in 1526. The department also clarified that the structure has been known by the same name — Jama Masjid — in official records.
When asked about the present nature of the structure, the ASI said, “At present, it exists as a mosque.”
The department further informed the commission that the mosque was brought under ASI protection in 1920 through a gazette notification.
During the hearing before the Central Information Commission, the appellant argued that significant information had been withheld by describing it as “not available”.
However, the ASI maintained that it had supplied all information available in its official records and cannot be compelled under the RTI Act to generate data that does not exist in documented form.
The commission upheld the ASI’s position, observing that under the Right to Information Act, public authorities are only required to furnish information that exists in their records. Citing judicial precedents, the commission stated that it cannot direct a public authority to provide information that it does not possess.
The matter highlights the continuing legal and historical scrutiny surrounding protected monuments and underscores the limits of disclosure under the RTI framework, which binds authorities to the records they officially maintain.
