Central Vista Redevelopment: Delhi High Court Seeks Centre's Response On Plea To Retain Qadeemi Masjid
The Delhi High Court has sought Central Government's response on a plea seeking retention of Qadeemi Masjid situated within the compound of Krishi Bhavan, amid the Central Vista Redevelopment Project.
Justice Anish Dayal issued notice on the plea filed by the Qadeemi Masjid through its caretaking committee.
Senior Advocate Salman Khurshid submitted that the petitioners were not seeking to stall or delay the redevelopment project involving Krishi Bhavan and Shastri Bhavan.
The plea specifically concerns with the treatment of the mosque in the course of the redevelopment and the impact of its dismantling on persons who have been using it as a place of prayer for several decades.
The petition seeks a direction to restrain the authorities from demolishing, dismantling, removing or otherwise disturbing the mosque without undertaking a fair, transparent and reasoned consideration of its continued retention.
It also seeks a direction to the authorities to consider the feasibility of retaining the mosque at its existing location while implementing the Central Vista Redevelopment Project.
In the alternative, the petition seeks a reasonable, proximate and adequate prayer facility if the authorities establish that retaining the mosque at its existing location is genuinely unavoidable or incompatible with the approved redevelopment.
During the hearing on September 17, Khurshid fairly submitted that the petitioners had no objection to the redevelopment project planned by the Central Government and were not seeking suspension of construction of the Common Secretariat Buildings.
Khurshid also said that the mosque had served as a place of prayer for government employees and other persons working in the surrounding government offices for several decades.
He also contended that the structure was of considerable antiquity, having existed for more than a century and predating the establishment of the present government complex.
“In 1970, the Delhi Waqf Board notified the property as Waqf property and recorded its antiquity. Even when Krishi Bhavan, Shastri Bhavan and surrounding government offices were constructed in 1950s and 60s, the Qadeemi Masjid continued to remain in existence and was used by Muslim employees working in the said the offices for offering prayers,” the Court noted.
The petitioners submitted that they were conscious that the land underneath the mosque belonged to the government, but their immediate apprehension arose from the ongoing redevelopment, which proposes dismantling of the existing complex.
Khurshid contended that the petitioners were seeking a reasonable and proximate arrangement ensuring continuity of the prayer facility, invoking the protection of freedom of religion under Article 25 of the Constitution of India.
“Mr. Khurshid, Senior Advocate, submits that paragraph 26 of the present writ petition specifically states that they have no objection to the Central Vista Redevelopment Project and do not any seek any suspension or delay in the construction of the Common Secretariat Buildings. The petition is, therefore, confined to the treatment of Qadeemi Masjid and the consequences that the same might have on its established users,” the Court noted.
Justice Dayal thereafter issued notice to the Union of India, NDMC and the Delhi Waqf Board.
Additional Solicitor General Chetan Sharma appeared for the Union Government and stated that he would take instructions on the issue and file a response.
The authorities have been directed to file their responses within four weeks. The matter will next be heard on November 02.
Title: QADEEMI MASJID THROUGH ITS CARETAKING COMMITTEE v. UNION OF INDIA AND ORS