Masjid In Krishi Bhawan 'Incompatible With Secular Character Of Govt Property', Must Be Removed: Centre Tells Delhi High Court

The Union Government has told the Delhi High Court that Qadeemi Masjid, situated within the Krishi Bhawan compound, is required to be removed to facilitate the redevelopment of the 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 Centre has contended that the mosque stands on government land and that the caretaking committee was granted only permissive possession of the property under an agreement executed in 1940.

The status report has been filed in a petition instituted by Qadeemi Masjid, Krishi Bhawan, through its caretaking committee.

The L&DO has stated that the mosque is situated at Plot No. 120, Dr. Rajendra Prasad Road, New Delhi, and that the land vests in the Government of India under its administrative control.

The status report describes the construction as a public project of paramount national importance and states that the mosque presently stands on the project site and is required to be removed for its execution.

The Centre has further submitted that Krishi Bhawan and the Central Secretariat complex are secular public premises dedicated exclusively to governmental, administrative and public service functions.

“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 says.

It adds: “That the public land situated within a central administrative zone cannot be encumbered by any permanent religious reservation.“

The L&DO has also contended that no fundamental right under Article 25 of the Constitution of India is infringed by the proposed removal of the mosque.

It has argued that there is no right to insist upon worship at a particular place on government land held under a permissive arrangement.

The Centre has further stated 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.

The status report concludes that the government, being the owner of the land, cannot be compelled to allot or set apart separate space for the mosque within the Krishi Bhawan compound or the Central Secretariat complex.