Patna High Court Rules National Highway Act Takes Precedence Over Waqf Act in Land Dispute The Patna High Court has overturned an injunction issued by the Bihar State Waqf Tribunal, which had blocked the National Highways Authority of India (NHAI) from constructing highways on land designated as a mosque and Kabristan. The court ruled that the Tribunal lacked jurisdiction under Section 83 of the Waqf Act, 1995 to interfere with land acquisition for national highways. The decision emphasized that the Tribunal failed to properly interpret the law and appeared to prioritize community interests over legal principles. Justice Bibek Chaudhuri, presiding over the case, stated that the Tribunal did not adequately consider the National Highways Act, 1956 and the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995. He clarified that the National Highways Act, being a central legislation under Entry 23 of List-I of the Constitution, takes precedence over the Waqf Act, which falls under Entry 28 of List-III. The court argued that the Waqf Act’s purpose is to manage waqf properties, not to obstruct infrastructure projects. The court rejected the Tribunal’s claim that the acquisition of land for highways violated the Waqf Act. It noted that Section 91 of the Waqf Act only requires notice to the Waqf Board and does not prohibit land acquisition. The ruling highlighted that the National Highways Act provides a comprehensive framework for land acquisition, including notification, objection processes, and compensation. The court also referenced a prior order from the High Court, which had already permitted NHAI to proceed with construction on the disputed plots. This effectively invalidated the Tribunal’s stay order.#national_highways_authority_of_india #patna_high_court #bihar_state_waqf_tribunal #national_highways_act_1956 #syed_mohammad_masood_jawed
Patna High Court Slams Bihar Waqf Tribunal, Clears NHAI Project: Not Acceptable The Patna High Court has strongly criticized the Bihar State Waqf Tribunal for halting a national highway project in favor of a particular community, calling such reasoning "not acceptable" for a judicial authority. The court was hearing an appeal filed by the National Highways Authority of India (NHAI) against the tribunal’s May 15, 2025 order that had restrained construction on land recorded as kabristan and masjid in Bihar’s Samastipur district. Justice Bibek Chaudhuri, who was presiding over the case, observed that the tribunal failed to appreciate the law and that its decision was influenced by the interest of a particular community. The court emphasized that this is not acceptable for a member of the Bihar Judicial Service and directed that this observation be brought to the notice of the Chief Justice. The high court criticized the tribunal’s reasoning for prioritizing the interest of a particular community. In one of the most striking portions of the judgment, the court highlighted that the tribunal’s approach was not acceptable for a judicial authority. The court also directed that this observation be placed before the Chief Justice, signaling serious concern over the tribunal’s approach. The court held that the tribunal had acted "absolutely without jurisdiction" and failed to properly appreciate the statutory scheme governing land acquisition for national highways. The court stated that the National Highways Act provides a complete and exhaustive framework for the acquisition of land for highways, and that Section 91 of the Waqf Act does not bar such acquisition. It only ensures that notice is given to the Waqf Board to enable participation in compensation proceedings.#national_highways_authority_of_india #patna_high_court #bihar_state_waqf_tribunal #waqf_act #national_highways_act
