Central Vista: Qadeemi Masjid Must Go for New Secretariat, Centre Tells Delhi HC
The Union Government tells Delhi HC that Qadeemi Masjid must be removed to make way for Common Central Secretariat buildings under the Central Vista plan.
The Union Government has informed the Delhi High Court that the Qadeemi Masjid, located within the Krishi Bhawan complex, needs to be removed to clear the way for the Central Vista Redevelopment Master Plan. This move is essential for the construction and redevelopment of Common Central Secretariat (CCS) Buildings 4 and 5, according to a status report filed by the Centre.
The Legal Stand: Ownership vs. Possession
In a detailed report submitted through the Land and Development Office (L&DO), the government clarified that the mosque is situated on government-owned land at Plot No. 120, Dr Rajendra Prasad Road. The Centre argued that the caretaking committee of the mosque does not hold any ownership rights, title, or interest in the property.
The government's claim is based on an agreement dated November 8, 1940, signed between the then Government of India and the Secretary of the Managing Committee of Jama Masjid, Delhi. Under this agreement, the committee was granted "permissive possession" of the premises solely for use as a mosque.
Strict Conditions of the 1940 Agreement
The Centre highlighted that the 1940 agreement came with stringent restrictions to ensure the government maintained control over the land. These included:
- No Alterations: The managing committee was prohibited from making any changes or repairs to existing buildings without prior written approval.
- No New Structures: The construction of graves or any new temporary or permanent structures was strictly forbidden.
- Specific Use: The premises were to be used exclusively for religious purposes as a mosque.
- Regulatory Compliance: The committee had to follow all municipal, sanitary, and building regulations.
Crucially, the agreement empowered government authorities to reclaim possession of the property if any of these terms were breached.
Why the Removal is Necessary
The government explained that the Central Vista Redevelopment Master Plan is a project of "paramount national importance." The proposed reconstruction of CCS Buildings 4 and 5 will cover the current footprint of both Shastri Bhawan and Krishi Bhawan. Since the Qadeemi Masjid falls within this identified project site, the Centre asserts that its removal is unavoidable for the execution of the construction.
The government stated that the project is aimed at modernising the infrastructure necessary for the country's governance and administrative efficiency. According to the status report, keeping the mosque or reserving a portion of the site for it would be inconsistent with the overall master plan.
The Argument on Secularism
Beyond the technical and planning requirements, the Centre raised a point regarding the nature of the premises. It argued that Krishi Bhawan and the Central Secretariat complex are secular public spaces dedicated solely to government and public service functions.
The L&DO contended that maintaining a permanent religious structure within a central government office complex is incompatible with the secular character of government property. Furthermore, the government maintained that public land within a central administrative zone cannot be permanently reserved for a religious structure.
This status report was filed in response to a petition by the Qadeemi Masjid's caretaking committee and follows an order issued by the Delhi High Court on September 17, 2026. The government has dismissed the petitioners' claims, stating they are inconsistent with official records.