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
