The Central Government has told the Delhi High Court that the century-old Qadeemi Masjid situated within the Krishi Bhawan complex in New Delhi must be removed to facilitate the redevelopment of Common Central Secretariat (CCS) Buildings 4 and 5 under the Central Vista project.

In a status report filed through the Land and Development Office (L&DO), the Centre has contended that the mosque stands on government-owned land and that retaining a permanent religious structure within a central government office complex is "impermissible and incompatible with the secular character of Government property".

The government has maintained that Krishi Bhawan and the Central Secretariat complex are dedicated exclusively to governmental, administrative and public service functions. It has further argued that public land in a central administrative zone cannot be permanently reserved for a religious structure.

The submission was made in response to a petition filed by Qadeemi Masjid through its caretaking committee, which has approached the High Court apprehending the mosque's removal during the Central Vista redevelopment.

Justice Anish Dayal heard the matter on November 2. During the hearing, the Court asked the Centre whether any rules prohibit providing space for prayer to a community within a government area.

It asked Central Government Standing Counsel Nishant Gautam to convey the query to the Additional Solicitor General. The matter will next be heard on November 23.

Centre Relies On 1940 Agreement, Says Committee Has No Ownership Rights

According to the L&DO, Qadeemi Masjid is situated at Plot No. 120, Dr Rajendra Prasad Road, within the Krishi Bhawan compound. The land belongs to the Government of India and is under the administrative control of the L&DO, Ministry of Housing and Urban Affairs.

The Centre has relied on an agreement dated November 8, 1940, executed between the then Government of India and the Secretary of the Managing Committee, Jama Masjid, Delhi. Under the agreement, the government granted the committee permissive possession of the premises exclusively for use as a mosque.

The government has argued that the arrangement did not confer ownership, title or any proprietary interest in the land upon the committee.

The agreement also prohibited the committee from making alterations, undertaking repairs to existing buildings, constructing graves or raising any new structure, even temporarily, without prior written approval from the government. It further empowered the government to resume possession in the event of a breach of its terms.

On this basis, the Centre has contended that the committee cannot claim an enforceable right to retain the mosque at its present location or demand that a portion of the Krishi Bhawan compound be reserved for it.

Mosque Falls Within Footprint Of Proposed Secretariat Buildings

Explaining the need for removal, the government has stated that the Central Vista Redevelopment Master Plan envisages reconstruction of CCS Buildings 4 and 5 at Plot No. 120, covering the existing sites of Krishi Bhawan and Shastri Bhawan.

The Centre has described the proposed construction as a public project of paramount national importance, intended to modernise infrastructure essential for the country's governance and administrative functioning.

Since the mosque falls within the identified project site, its removal is necessary for the proposed construction, the government has submitted.

The Centre has also pointed out that Shahi Masjid Zabta Ganj, near India Gate, is located within a two-kilometre radius of Krishi Bhawan and remains functional.

Centre Disputes Violation Of Article 25

The government has also disputed the contention that removing the mosque would violate the fundamental right to freedom of religion under Article 25 of the Constitution.

It has argued that Article 25 does not confer a right to insist upon worship at a particular place on government land, particularly where the premises are occupied under a permissive arrangement.

According to the Centre, the 1940 agreement merely permitted the committee to use the premises as a mosque and did not create any proprietary rights over the property.

Mosque Committee Seeks Retention Or Alternative Prayer Facility

The caretaking committee has maintained that Qadeemi Masjid is more than a century old and predates the construction of the present government complex.

It has served as a place of worship for Muslim employees working in Krishi Bhawan and neighbouring government offices for decades. The Delhi Waqf Board notified the property as Waqf property in 1970.

The committee has clarified that it is not seeking to stall the Central Vista redevelopment project. Instead, it has sought retention of the mosque or, alternatively, a reasonable, nearby and adequate alternative prayer facility for those who use it.

The petitioners have relied on Article 25 to seek protection of their religious rights and continuity of access to a prayer facility in the area.

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