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
Waqf Tribunal Cannot Stall Highway Projects: Patna High Court Upholds Primacy of National Highways Law in Land Acquisition The Patna High Court recently ruled that the Waqf Tribunal lacks jurisdiction to halt the construction of a national highway in Bihar, affirming the supremacy of the National Highways Act, 1956 over the Waqf Act, 1995 in matters of land acquisition for public infrastructure. The case, National Highways Authority of India v. Syed Mohammad Masood Jawed, centered on a dispute over land designated as Kabristan and Masjid in Samastipur district, which the Bihar State Waqf Tribunal had previously ordered the National Highways Authority of India (NHAI) to avoid using for highway construction. The legal conflict arose when NHAI appealed the Tribunal’s injunction, arguing that the Waqf Tribunal’s order violated the statutory framework governing land acquisition for national highways. The appeal was filed under Section 83(9) of the Waqf Act, 1995, and Section 151 of the Code of Civil Procedure, challenging the Tribunal’s authority to intervene in a matter governed by the National Highways Act. The Court’s decision hinged on resolving the tension between the two laws: whether the Waqf Tribunal, tasked with adjudicating disputes over Waqf properties, could legally block the acquisition of such land for public infrastructure projects. NHAI’s arguments emphasized the completeness of the National Highways Act, which provides a self-contained mechanism for land acquisition, compensation, and dispute resolution. The appellant contended that the Act’s provisions, including Section 91, do not prohibit the acquisition of Waqf property but instead outline procedures for compensation. NHAI also cited a prior ruling by the Patna High Court in Vikas Kumar v.#national_highways_authority_of_india #patna_high_court #waqf_board #waqf_act_1995 #national_highways_act_1956
