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
