The Delhi High Court has sought the response of the Central government on a plea seeking the retention of Qadeemi Masjid, situated within the premises of Krishi Bhavan, amid the ongoing Central Vista Redevelopment Project.
Justice Anish Dayal issued notice on the petition filed by the mosque through its caretaking committee. Senior Advocate Salman Khurshid, appearing for the petitioners, submitted that they were not seeking to stall or delay the redevelopment project involving Krishi Bhavan and Shastri Bhavan.
The plea is confined to the proposed treatment of the mosque during the redevelopment and the impact of its possible dismantling on people who have used it as a place of worship for several decades. The petition seeks directions restraining the authorities from demolishing, dismantling, removing or otherwise disturbing the mosque without a fair, transparent and reasoned consideration of whether it can be retained.
It also seeks consideration of the feasibility of retaining the mosque at its existing location while implementing the Central Vista project. Alternatively, the petitioners have sought a reasonable, proximate and adequate prayer facility if the authorities establish that retaining the mosque at its present location is genuinely unavoidable or incompatible with the approved redevelopment plan.
During the September 17 hearing, Khurshid submitted that the petitioners had no objection to the redevelopment project and were not seeking suspension of construction of the Common Secretariat buildings.
The petitioners claimed that the structure was more than a century old and predated the present government complex. The Court noted their submission that the Delhi Waqf Board had notified the property as Waqf property in 1970 and recorded its antiquity.
The petitioners further submitted that even after Krishi Bhavan, Shastri Bhavan and other government offices were constructed in the 1950s and 1960s, the mosque continued to exist and was used by Muslim employees working in the area.
While acknowledging that the land underneath the mosque belonged to the government, the petitioners said their immediate concern arose from the ongoing redevelopment and the proposed dismantling of the existing complex.
Khurshid invoked the right to freedom of religion under Article 25 of the Constitution, submitting that the petition sought a reasonable and proximate arrangement ensuring continuity of the established prayer facility.
The Court recorded that the petition was specifically confined to the treatment of Qadeemi Masjid and its consequences for its established users, and did not seek to suspend or delay the Central Vista redevelopment.
Justice Dayal issued notice to the Union of India, NDMC and the Delhi Waqf Board. Additional Solicitor General Chetan Sharma, appearing for the Union Government, said he would take instructions and file a response. The authorities have been directed to file their responses within four weeks. The matter will next be heard on November 2.
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