The Centre has told the Delhi High Court that the Qadeemi mosque, situated within the Krishi Bhawan compound in New Delhi, is required to be removed to facilitate the construction of Common Central Secretariat (CCS) Buildings 4 and 5 under the Central Vista redevelopment project.
The Centre stated that the agreement contained stringent conditions under which the Managing Committee was absolutely prohibited from effecting any alteration, undertaking any structural repair, or raising any new construction on the premises without the prior written sanction of the Government of India. The Centre further submitted that Krishi Bhawan and the Central Secretariat complex are secular public premises, dedicated exclusively to governmental, administrative and public service functions. It argued that 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 status report also stated that public land situated within a central administrative zone cannot be encumbered by any permanent religious reservation. As an alternative prayer facility, the Centre referred to Shahi Masjid Zabta Ganj near India Gate. The status report stated that the mosque is located within a radius of two kilometres from the vicinity of Krishi Bhawan and is fully functional to serve as a proximate prayer facility for individuals seeking one nearby. The Centre submitted that, being the owner of the land, the L&DO cannot be compelled to allot or set apart any separate space for the mosque within the Krishi Bhawan compound or the Central Secretariat complex. The Centre stated that reserving any portion of the project site for a religious structure would be inconsistent with the Master Plan and incompatible with the secular character of Government property. The Centre also denied the submissions and contentions made in the petition, stating that they are inconsistent with official records.
In a status report filed through the Land and Development Office (L&DO), Ministry of Housing and Urban Affairs, the Centre submitted that the mosque stands on government land at Plot Number 120, Dr Rajendra Prasad Road, which is vested in and under the administrative control of the L&DO. The status report has been filed in compliance with the court’s order dated September 17. Referring to an agreement dated November 8, 1940, executed between the Government of India, as the owner, and the Secretary, Managing Committee, Jama Masjid, Delhi, the Centre submitted that only permissive possession of the property was granted, strictly for the limited purpose of its use as a mosque. The status report states that the Central Vista Redevelopment Master Plan provides for the redevelopment and reconstruction of Common Central Secretariat Buildings 4 and 5 at Plot Number 120, covering the footprint of the existing Shastri Bhawan and Krishi Bhawan. It further argued that the Managing Committee was granted only permissive possession under the 1940 agreement, which conferred no right, title or interest in the land. On the constitutional question, the Centre submitted that no fundamental right under Article 25 of the Constitution is infringed, as there is no right to insist upon worship at a particular place on Government land held under a permissive arrangement.
It says the project is intended to modernise infrastructure essential to the governance of the nation. Describing the construction as a “public project of paramount national importance”, the Centre stated that the mosque presently stands on the project site and is required to be removed for the execution of the project.
