The Centre has told the Delhi High Court that a century-old mosque in Krishi Bhawan has to be removed as the establishment of a permanent religious structure within the confines of a Government office complex is impermissible and incompatible with the “secular” character of Government property.
The Government said the Central Vista Redevelopment Master Plan provides for the redevelopment and reconstruction of the Common Central Secretariat (CCS) Buildings 4 and 5 at Plot number 120, covering the footprint of the existing Shastri Bhawan and Krishi Bhawan to modernise the infrastructure essential to the governance of the nation.
It said the construction of CCS buildings 4 and 5 is a public project of paramount national importance.
The Qadeemi Masjid stands on the project site and is required to be removed therefrom for the execution of the project, it added.
“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 Land and Development Office (L&DO), which comes under the Ministry of Housing and Urban Affairs (MoHUA), made the submission in an affidavit filed in the High Court.
The affidavit was filed in response to a petition by the caretakers of the mosque, seeking to restrain the authorities from demolishing, dismantling, removing or disturbing the waqf property/Qadeemi Masjid situated within the compound of Krishi Bhawan without first undertaking a fair, transparent and reasoned consideration of its continued retention.
The Government said the public land situated within a central administrative zone cannot be encumbered by any permanent religious reservation.
“It is pertinent to mention that one (01) mosque, namely ‘Shahi Masjid Zabta Ganj’, India Gate, New Delhi, is located within the radius of two (2) km from the vicinity of Krishi Bhawan and is fully functional to serve as a proximate prayer facility for any individuals seeking one nearby,” it said.
The affidavit was filed in pursuance of the order passed by Justice Anish Dayal seeking response of the Centre on the petition by Qadeemi Masjid’s caretaking committee. The matter is now listed for hearing on November 23.
The Centre said the mosque is situated within the compound of Krishi Bhawan at Dr Rajendra Prasad Road here and constitutes Government land vested in and under the administrative control of the L&DO.
An agreement was executed in November 1940 between the Government and the secretary of Jama Masjid’s managing committee in which only permissive possession of the property was granted and strictly for the limited purpose of its use as a mosque, it added.
“The respondent no. 1 (Central government), being the owner of the land, cannot be compelled to allot or set apart any separate space for the said mosque within the Krishi Bhawan compound or the Central Secretariat complex.
“The managing committee was granted only permissive possession under the agreement dated November 8, 1940, which conferred no right, title or interest in the land,” the affidavit said.
It added 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.
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, the Centre said in the reply.
Qadeemi Masjid is a more than 100-year-old mosque situated in the premises of Krishi Bhawan, which is slated to be demolished as part of the Central Vista redevelopment project.
The petitioner’s counsel had earlier submitted that they were not seeking stalling of any redevelopment project of Krishi Bhawan and Shastri Bhaqan, where the mosque exists, that is, within the compound of Krishi Bhawan, as planned by the Centre.
He said the petitioners were seeking a prayer facility in the newly envisaged structures, since the Qadeemi Masjid has been serving as a place of offering prayers for Government employees and others working in the surrounding Government offices for several decades.