NEW DELHI: The Centre on Tuesday informed the Delhi high court that it is planning to remove a mosque situated within the Krishi Bhawan complex to facilitate the redevelopment and reconstruction of the Common Central Secretariat under the Central Vista project.In a status report filed through the Land and Development Office, the Centre also submitted that Krishi Bhawan and the Central Secretariat complex are secular public premises dedicated exclusively to administrative functions. It said the establishment or retention of a permanent religious structure within a central government office complex would be incompatible with the secular character of government property.The Centre maintained that Qadeemi Masjid stands on government-owned land and that its caretaking committee was granted only permissive possession of the premises under an agreement executed on November 8, 1940.The government also claimed that the agreement did not confer any ownership rights, title or interest in the property upon the managing committee.The agreement contained a provision empowering government authorities to take back possession of the property in the event of any breach or default in complying with its terms and conditions.The Centre has relied on an agreement dated November 8, 1940, executed between the then government, as the owner of the property, and the secretary of the managing committee of Jama Masjid.Under the agreement, the government had granted permissive possession of the premises to the committee exclusively for use as a mosque.The agreement also imposed several restrictions on the use and modification of the property, prohibiting the managing committee from making alterations, undertaking repairs to the existing buildings, constructing graves or raising any new structure, even temporarily, without obtaining prior written approval from the government.Mosque required to be removed for execution of Central Vista projectThe Centre said the removal of the structure was necessary as the Central Vista Redevelopment Master Plan provides for the redevelopment and reconstruction of Common Central Secretariat Buildings 4 and 5 at Plot No. 120, covering the existing sites of Shastri Bhawan and Krishi Bhawan.According to the status report, the proposed project is aimed at modernising infrastructure considered essential for the country’s governance and administrative functioning. The government has asserted that the mosque presently stands within the identified project site and is required to be removed for the execution of the proposed construction.Describing the construction of CCS Buildings 4 and 5 as a public project of paramount national importance, the Centre also argued that retaining the mosque or reserving any portion of the project site for the religious structure would be inconsistent with the redevelopment master plan.The L&DO has further argued that public land situated in a central administrative zone cannot be permanently reserved for a religious structure.Based on these submissions, the Centre has maintained that the managing committee cannot claim a right to compel the government to allot or earmark a separate portion of land for the mosque within the Krishi Bhawan compound or the Central Secretariat complex.The government has also disputed any violation of the fundamental right to freedom of religion guaranteed under Article 25 of the Constitution.It has submitted that the constitutional provision does not confer a right to insist on worship at a particular place on government land held under a permissive arrangement.The government’s response comes in reply to a petition filed by Qadeemi Masjid through its caretaking committee, challenging the proposed action concerning the religious structure.
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The petition further states that the Delhi Waqf Board notified the property as Waqf property in 1970 and recorded its antiquity.The petitioners claimed that even after Krishi Bhawan, Shastri Bhawan and surrounding government offices were constructed in the 1950s and 1960s, the mosque continued to exist and was used by Muslim employees of the offices for offering prayers.The petitioners acknowledged that the land underneath the mosque is government property but expressed apprehension over the ongoing redevelopment, which involves dismantling the existing complex.They maintained that they have no objection to the Central Vista redevelopment project and are not seeking a suspension or delay in the construction of the Common Central Secretariat buildings.

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