New Delhi: The Central Government has told the Delhi High Court that it plans to remove the century-old Qadeemi Masjid, located within the Krishi Bhawan premises in New Delhi, arguing that retaining a religious structure inside a government office complex is incompatible with the secular character of public property, according to a report by The Indian Express.

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The submission is the Centre's clearest indication yet that the mosque will be removed as part of the Central Vista redevelopment project, under which Krishi Bhawan and the adjoining Shastri Bhawan are scheduled to be demolished to make way for new buildings.

On Monday, the Delhi High Court sought clarification from the Centre on whether any rules prohibit religious structures within government premises. Justice Anish Dayal questioned the legal basis of the government's position and asked whether alternative spaces for prayer were also prohibited for all faiths.

"What are the rules for providing an alternate space? Are you saying no (alternate) spaces are to be provided for (any) faith?" the judge asked.

The court observed that if the Centre's position was that religious structures were impermissible within government complexes, there must be rules governing such a restriction.

Justice Dayal also told the Centre's counsel, Nishant Gautam, that the court needed to understand the wider implications of the government's submission before examining its legal position.

The court granted the mosque's managing committee time to respond to the Centre's submission. The matter will be heard next on November 23.

Centre says mosque must be removed for redevelopment

In a status report dated October 27, the Land and Development Office under the Union Ministry of Housing and Urban Affairs said the mosque currently stands on the project site and needs to be removed to facilitate the construction of the Common Central Secretariat (CCS) buildings 4 and 5.

Describing the construction as a project of "paramount national importance", the Centre argued that Krishi Bhawan and the Central Secretariat complex are secular public premises meant exclusively for government, administrative and public service functions.

It further maintained that public land in the central administrative zone cannot be reserved permanently for religious purposes and that retaining the mosque would be inconsistent with the master plan for the Central Vista redevelopment.

The Centre also said it could not be compelled, as the landowner, to allot separate space for the mosque within the Krishi Bhawan compound or the Central Secretariat complex.

Instead, it pointed to Shahi Masjid Zabta Ganj near India Gate, which it said was located within a two-kilometre radius and could serve as a nearby prayer facility.

Mosque committee seeks protection and alternative prayer space

The caretaking committee of Qadeemi Masjid, which is notified under the Waqf framework, approached the Delhi High Court in September, expressing apprehension that the mosque could be demolished during the redevelopment work.

The concern followed a tender issued by the Central Public Works Department (CPWD) on January 19 for the construction of CCS buildings 4 and 5 at the sites of Krishi Bhawan and Shastri Bhawan.

The Indian Express reported in February that although the mosque was not included in the list of structures marked for removal, it was also absent from the drawings showing the proposed buildings at the site attached to the redevelopment tender.

In its petition, the mosque committee has sought directions restraining the CPWD and the New Delhi Municipal Council (NDMC) from demolishing or removing the structure.

It has also requested that if retaining the mosque at its existing location is genuinely unavoidable or incompatible with the approved redevelopment plan, the authorities provide a "reasonable, proximate and adequate alternative prayer facility".

According to the committee, Qadeemi Masjid has served as a place of worship for employees of Krishi Bhawan and neighbouring Central Government offices since Independence. It said the mosque had become an established prayer facility for people who need to remain in and around their workplaces during office hours.

Centre's earlier assurance in 2021

The latest submission marks a shift from the Centre's position in an earlier case concerning the protection of six mosques potentially affected by the Central Vista project.

In December 2021, the Delhi Waqf Board had approached the High Court seeking protection for six mosques, including Qadeemi Masjid, located in an open courtyard within Krishi Bhawan.

At the time, Solicitor General Tushar Mehta had assured the court that the religious structures would not be affected by the project.

"Nothing is happening to these properties. We are before your lordships. It (the project) is a very long plan and we have not reached anywhere near it," he had told the court.