The Central Government has informed the Delhi High Court that the century-old Qadeemi Masjid, located within the Krishi Bhawan complex in New Delhi, will have to be removed to make way for the construction of Common Central Secretariat (CCS) Buildings 4 and 5 under the Central Vista redevelopment project, as reported in LawBeat.
In a status report submitted through the Land and Development Office (L&DO), the Centre argued that the mosque occupies government-owned land and that allowing a permanent religious structure to remain within a central government office complex is “impermissible and incompatible with the secular character of Government property”.
The government maintained that Krishi Bhawan and the surrounding Central Secretariat complex are meant exclusively for administrative, governmental and public service activities. It argued that government land in a central administrative zone cannot be permanently earmarked for a religious establishment.
The submission came in response to a petition filed by the mosque’s caretaking committee, which has approached the High Court seeking protection against the structure’s removal during the redevelopment.
Justice Anish Dayal heard the matter on November 2. During the proceedings, the Court sought the Centre’s response on whether any rules prohibit providing prayer facilities to a particular community within government premises.
The judge asked Central Government Standing Counsel Nishant Gautam to communicate the query to the Additional Solicitor General. The matter has been listed for further hearing on November 23.
Centre Cites 1940 Agreement, Says Mosque Committee Has No Ownership Rights
In its submission, the L&DO identified the mosque as being situated at Plot No. 120, Dr Rajendra Prasad Road, inside the Krishi Bhawan compound. The land is owned by the Government of India and falls under the administrative control of the L&DO, which functions under the Ministry of Housing and Urban Affairs.
To establish the government’s rights over the premises, the Centre relied on an agreement dated 8 November 1940, signed between the then Government of India and the Secretary of the Managing Committee of Jama Masjid, Delhi.
Under the agreement, the committee was permitted to occupy and use the premises exclusively as a mosque. The Centre argued that this arrangement granted permission for religious use but did not transfer ownership, title or any other proprietary rights over the land.
The agreement also imposed restrictions on the committee, prohibiting alterations, repairs to existing buildings, construction of graves or erection of additional structures, even temporarily, without prior written government approval.
It further empowered the government to resume possession if the terms of the agreement were violated.
Relying on these provisions, the Centre contended that the committee cannot claim an absolute right to retain the mosque at its current location or insist that government land be permanently set aside for its use.
Mosque Stands Within Proposed Construction Site
The Centre also explained that the proposed removal is linked to the redevelopment plan for the Central Secretariat.
Wait! What? There’s a mosque inside the Krishi Bhawan complex? Just came across this picture on GE. https://t.co/URDkV3HHHZ
— VatsRohit (@KesariDhwaj) November 3, 2026
According to the government’s submission, the Central Vista Redevelopment Master Plan envisages the reconstruction of CCS Buildings 4 and 5 at Plot No. 120, covering the existing locations of both Krishi Bhawan and Shastri Bhawan.
The government described the redevelopment as a project of paramount national importance, aimed at creating modern infrastructure for the country’s administrative and governance requirements.
Since the mosque is located within the designated construction footprint, the Centre maintained that it would have to be removed to facilitate the project.
The government also pointed out that Shahi Masjid Zabta Ganj, situated near India Gate within a two-kilometre radius of Krishi Bhawan, continues to function as a place of worship.
Centre Rejects Claim That Removal Violates Article 25
The Centre has also opposed the mosque committee’s argument that removing the structure would infringe upon the constitutional right to freedom of religion under Article 25.
It argued that the constitutional guarantee does not give an individual or religious institution an absolute right to conduct worship at a particular location on government-owned land, especially when occupation of the premises is based only on government permission.
According to the Centre, the 1940 agreement allowed the committee to use the premises for religious purposes but did not grant it ownership or permanent rights over the property.
Mosque Committee Seeks Retention Or Alternative Prayer Facility
The mosque’s caretaking committee, meanwhile, has argued that Qadeemi Masjid is more than a century old and existed even before the present government complex was constructed.
It has maintained that the mosque has served Muslim employees working in Krishi Bhawan and neighbouring government offices for several decades. The property was also notified as Waqf property by the Delhi Waqf Board in 1970.
The petitioners have clarified that they are not seeking to obstruct the Central Vista redevelopment project. Instead, they have requested that the mosque either be allowed to remain at its present location or that a suitable alternative prayer facility be provided nearby.
They have sought a reasonable and adequate place of worship for those who regularly use the mosque, invoking their rights under Article 25 of the Constitution.
The Delhi High Court will take up the matter again on November 23.
Subscribe to our channels on WhatsApp, Telegram, Instagram and YouTube to get the best stories of the day delivered to you personally.
