New Delhi [India], November 3 (ANI): The Centre has informed the Delhi High Court that Qadeemi Masjid, situated within the Krishi Bhawan complex in central Delhi, is required to be removed to facilitate the redevelopment and reconstruction of Common Central Secretariat (CCS) Buildings 4 and 5 under the Central Vista Redevelopment Master Plan.
In a status report filed through the Land and Development Office (L&DO), the Union Government has maintained that the mosque stands on government-owned land and that the caretaking committee was granted only permissive possession of the premises under an agreement executed on November 8, 1940. The Centre has contended that the agreement did not confer any ownership rights, title or interest in the property upon the managing committee.
The status report has been filed in the petition instituted by Qadeemi Masjid through its caretaking committee, in compliance with the Delhi High Court’s September 17, 2026 order. The government has denied the petitioners’ submissions, stating that they are inconsistent with official records.
According to the L&DO, the mosque is located 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 upon an agreement dated November 8, 1940, executed between the then Government of India, as the owner of the property, and the Secretary of the Managing Committee, Jama Masjid, Delhi. Under the agreement, the government had granted permissive possession of the premises to the committee exclusively for their use as a mosque.
The agreement imposed several restrictions on the use and modification of the property. It specifically prohibited the managing committee from making alterations, undertaking repairs to the existing buildings, constructing graves or raising any new structure, even temporarily, without obtaining prior written approval from the government.
The document further stipulated that the premises could be used only for religious purposes as a mosque and that the managing committee was required to comply with applicable municipal, sanitary, building and other regulatory requirements.
The agreement also contained a provision empowering the government authorities to take back possession of the property in the event of any breach or default in complying with its terms and conditions.
Explaining the requirement for removal of the structure, the Centre has stated that the Central Vista Redevelopment Master Plan envisages the redevelopment and reconstruction of Common Central Secretariat Buildings 4 and 5 at Plot No. 120, covering the existing footprint of Shastri Bhawan and Krishi Bhawan.
According to the status report, the proposed project is aimed at modernising infrastructure considered essential for the country’s governance and administrative functioning. The government has asserted that the mosque presently stands within the identified project site and is required to be removed for execution of the proposed construction.
Describing the construction of CCS Buildings 4 and 5 as a public project of paramount national importance, the Centre has argued that retaining the mosque or reserving any portion of the project site for the religious structure would be inconsistent with the redevelopment master plan.
The government has also submitted that Krishi Bhawan and the Central Secretariat complex are secular public premises dedicated exclusively to governmental, administrative and public service functions. It has contended that the establishment or retention of a permanent religious structure within a central government office complex would be incompatible with the secular character of government property.
The L&DO has further argued that public land situated in a central administrative zone cannot be permanently reserved for a religious structure. In this regard, it has pointed out that Shahi Masjid Zabta Ganj near India Gate is located within a two-kilometre radius of Krishi Bhawan and is fully functional to serve as a nearby prayer facility for those seeking one.
Based on these submissions, the Centre has maintained that the managing committee cannot claim a right to compel the government to allot or earmark a separate portion of land for the mosque within the Krishi Bhawan compound or the Central Secretariat complex.
The government has also disputed any violation of the fundamental right to freedom of religion guaranteed under Article 25 of the Constitution. It has submitted that the constitutional provision does not confer a right to insist upon worship at a particular place on government land held under a permissive arrangement.
According to the Centre, the 1940 agreement granted the managing committee only permission to use the premises as a mosque and did not create any proprietary rights over the land. It has therefore argued that the committee cannot claim an enforceable right to retain the structure at its present location based on the agreement or Article 25 of the Constitution.
The status report has been filed by Manoj Kumar Gupta, Deputy Land and Development Officer, on behalf of the L&DO. A copy of the November 8, 1940 agreement has also been annexed to the report, setting out the original terms and conditions under which the government granted possession of the premises to the managing committee.
The matter concerns the continued use of the mosque premises and the Centre’s proposal to redevelop the existing Krishi Bhawan and Shastri Bhawan sites as part of the Central Vista project.
Additional Solicitor General Chetan Sharma, along with Central Government Standing Counsel Nishant Gautam, appeared for the Union of India, while Senior Advocate Salman Khurshid, along with advocates Ibad Mushtaq and Fuzail Ahmad Ayyubi, represented the petitioner, Qadeemi Masjid. (ANI)
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