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
