The Centre told the Delhi High Court that the century-old Qadeemi Masjid must be removed for the Central Vista project. Officials said, “The establishment or retention of a permanent religious structure... is impermissible and incompatible with the secular character of Government property.” The site is needed for new government buildings.

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The Centre has informed the Delhi High Court that the century-old Qadeemi Masjid, located within the Krishi Bhawan premises in New Delhi, will have to be removed to facilitate the redevelopment of the Common Central Secretariat (CCS) Buildings 4 and 5 under the Central Vista project, according to reports.

In a status report submitted through the Land and Development Office (L&DO), the Union government maintained that the continued presence of a permanent religious structure inside a central government office complex is inconsistent with the secular nature of public property.

“The establishment or retention of a permanent religious structure, or a demand for one, within the confines of a central government office complex is impermissible and incompatible with the secular character of Government property,” the Centre submitted.

It further argued that land within a central administrative zone cannot be permanently reserved for religious purposes.

The government stated that Krishi Bhawan and the Central Secretariat complex are intended exclusively for administrative, governmental and public service activities. It also maintained that the mosque occupies land belonging to the Government of India and that its caretaking committee was allowed to use the premises under a permissive arrangement established through an agreement in 1940.

According to the L&DO's report, the mosque is situated at Plot No. 120, Dr Rajendra Prasad Road, New Delhi. The Centre described the redevelopment as a public undertaking of paramount national importance and said the existing structure would have to be cleared for the project to proceed.

The government has also disputed the mosque committee's claim to continued worship at the site under Article 25 of the Constitution, which guarantees freedom of religion. It argued that this provision does not confer an entitlement to conduct religious activities at a particular location on government-owned land when its occupation is based on a permissive arrangement.

As an alternative prayer facility, the Centre pointed to Shahi Masjid Zabta Ganj near India Gate, stating that it falls within a two-kilometre radius of Krishi Bhawan and is operational. According to the government, the availability of this nearby mosque means that it cannot be compelled to earmark additional space for religious purposes within the Krishi Bhawan compound or the Central Secretariat complex.

The submissions were made in response to a petition filed by Qadeemi Masjid through its caretaking committee, which approached the High Court apprehending that the structure could be demolished.

Justice Anish Dayal considered the matter on November 2. During the hearing, the judge asked the government whether any rules specifically prohibit providing prayer facilities for members of a community within government premises.

The court asked Nishant Gautam, appearing for the government, to convey its query to the Additional Solicitor General (ASG).

The matter has been listed for further hearing on November 23.

Qadeemi Masjid is more than 100 years old and is situated inside the Krishi Bhawan compound. The mosque is understood to have existed before the construction of the government complex and has historically been used by Muslim employees working at Krishi Bhawan and nearby government offices.

The Delhi Waqf Board had notified the property as a Waqf asset in 1970. Its proposed removal has now become the subject of a legal dispute between the mosque's caretaking committee and the Union government over the use of government land, religious rights and the requirements of the Central Vista redevelopment project.