‘Secular premises can’t house permanent religious structure’: Centre tells Delhi HC Krishi Bhawan Mosque to be razed

The Centre has told the Delhi High Court that Qadeemi Masjid, located inside the Krishi Bhawan complex in the national capital, must be removed to make way for the redevelopment of 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 Union Government maintained that the mosque stands on government-owned land and that its managing committee has no ownership rights over the premises.

The Centre said the committee was granted permission to use the property as a mosque under an agreement signed on November 8, 1940, but was never given any title or proprietary interest in the land.

The report was submitted in response to a petition filed by Qadeemi Masjid through its caretaking committee, in compliance with the Delhi High Court’s September 17, 2026, order. The government has disputed the petitioners’ claims, maintaining that they are not supported by official records.

Centre cites 1940 agreement

According to the L&DO, Qadeemi Masjid is situated at Plot No. 120, Dr Rajendra Prasad Road, within the Krishi Bhawan compound. The land belongs to the Government of India and falls under the administrative control of the L&DO, which functions under the Ministry of Housing and Urban Affairs.

The Centre has relied on an agreement executed on November 8, 1940, between the then Government of India, as the property owner, and the Secretary of the Managing Committee, Jama Masjid, Delhi.

Under the agreement, the committee was granted permissive possession of the premises exclusively for use as a mosque. It did not, however, give the committee ownership or any other legal interest in the property.

The agreement also placed restrictions on changes to the premises. The managing committee was prohibited from making alterations, carrying out repairs to existing buildings, constructing graves or putting up any new structure, even temporarily, without prior written permission from the government.

The property could be used only for religious purposes as a mosque, while the committee was required to follow applicable municipal, sanitary, building and other regulatory rules.

The document also empowered government authorities to reclaim possession if the committee breached any of its terms and conditions.

Central Vista project cited as reason for removal

Explaining why the mosque needs to be removed, the Centre said the redevelopment plan envisages the reconstruction of CCS Buildings 4 and 5 at Plot No. 120, covering the existing sites of Shastri Bhawan and Krishi Bhawan.

According to the government, the project is intended to modernise infrastructure considered essential for the country’s governance and administrative functioning. Since the mosque falls within the identified construction site, its removal is necessary to carry out the proposed work.

Describing the construction as a public project of paramount national importance, the Centre argued that retaining the mosque or setting aside any portion of the site for the religious structure would conflict with the approved redevelopment plan.

It also maintained that Krishi Bhawan and the Central Secretariat complex are secular public premises meant exclusively for government, administrative and public service activities. The government argued that a permanent religious structure within such an office complex would be incompatible with the secular character of government property.

Centre disputes Article 25 argument

The L&DO has also argued that public land in a central administrative zone cannot be permanently reserved for a religious structure.

In its report, the Centre pointed to Shahi Masjid Zabta Ganj near India Gate, located within a two-kilometre radius of Krishi Bhawan, as an existing and fully functional prayer facility for those seeking one.

On this basis, the government said the managing committee could not claim a right to demand that another portion of land be allotted or earmarked for the mosque within the Krishi Bhawan compound or the Central Secretariat complex.

The Centre has also rejected the argument that removing the mosque would violate the fundamental right to freedom of religion under Article 25 of the Constitution.

It submitted that the provision does not give the committee an absolute right to insist on worship at a particular location on government-owned land held under a permissive arrangement. Since the 1940 agreement granted only permission to use the premises as a mosque, the government argued that it did not create an enforceable right to retain the structure at its present location.

The status report was filed by Manoj Kumar Gupta, Deputy Land and Development Officer, on behalf of the L&DO. A copy of the November 8, 1940, agreement was also attached, setting out the original conditions under which the premises were handed over to the managing committee.

Additional Solicitor General Chetan Sharma and Central Government Standing Counsel Nishant Gautam appeared for the Union of India.

Senior advocate Salman Khurshid, along with advocates Ibad Mushtaq and Fuzail Ahmad Ayyubi, represented Qadeemi Masjid.

The dispute concerns the continued use of the mosque premises and the Centre’s proposed redevelopment of the existing Krishi Bhawan and Shastri Bhawan sites as part of the Central Vista project.

(with ANI inputs)