The Union government has told the Delhi High Court that the century-old Qadeemi Masjid, located inside the Krishi Bhawan compound in New Delhi, must be removed to make way for 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 Union government argued that retaining a permanent religious structure within a central government office complex was “impermissible and incompatible with the secular character of Government property”.
The government said the mosque stands on land owned by the Union government and that its caretaking committee was granted only permissive possession under an agreement executed in 1940.
“The mosque in question presently stands on the project site and is required to be removed” for the execution of the redevelopment project, the L&DO said in its report, describing the construction as a project of “paramount national importance”.
The Union government further argued that reserving any portion of the redevelopment site for a religious structure would be inconsistent with the approved Central Vista master plan. It maintained that public land within a central administrative zone could not be set aside permanently for religious purposes.
Union Government Says No Right to Worship at a Particular Location
The government also argued that the proposed removal would not violate the right to religious freedom under Article 25 of the Constitution.
According to its submission, there is no fundamental right to insist on offering prayers at a particular location on government-owned land held under a permissive arrangement.
As an alternative, the Union government pointed to Shahi Masjid Zabta Ganj near India Gate, which it said was located within a two-kilometre radius of Krishi Bhawan and could serve as a nearby prayer facility.
The mosque’s caretaking committee, however, has told the court that Qadeemi Masjid has served as a place of worship for employees working at Krishi Bhawan and neighbouring government offices for decades.
The committee approached the High Court in September, seeking protection against the mosque’s demolition or removal. It has also requested that, if retaining the mosque at its present location is not possible, the authorities provide a reasonable, nearby and adequate alternative prayer facility.
Delhi High Court Seeks Clarity on Union Government’s Position
Taking note of the Union government’s latest submission, Justice Anish Dayal questioned whether there were rules prohibiting religious structures or prayer facilities within government complexes.
The judge also sought clarity on whether the government’s position meant that no alternative prayer spaces could be provided for any religious community within government premises.
“There has to be some rules to say that ‘in no government space can be a space for prayer to provide for any community’,” the judge observed, asking the Union government to clarify the implications of its position.
The court granted the mosque’s caretaking committee time to respond to the government’s status report. The matter will next be heard on November 23.
Earlier Assurance in 2021
The dispute over Qadeemi Masjid dates back to the earlier stages of the Central Vista redevelopment project.
In December 2021, the Delhi Waqf Board had approached the High Court seeking protection for six mosques that could be affected by the project, including Qadeemi Masjid.
At the time, Solicitor General Tushar Mehta had told the court: “Nothing is happening to these properties.”
The latest status report marks a clear statement by the Union government that the mosque needs to be removed as part of the redevelopment of Krishi Bhawan and adjoining Shastri Bhawan, where CCS Buildings 4 and 5 are planned.
