Patna HC Slams Bihar Waqf Tribunal, Clears NHAI Project:Not Acceptable

The high court criticised the Waqf Tribunal’s reasoning for “interest of a particular community”. (Image enhanced using AI)

Strong observations on tribunal

• In one of the most striking portions of the judgment, the high court criticised the Tribunal’s reasoning for “interest of a particular community” which is not acceptable for a member of Bihar Judicial Service.
• The court directed that this observation be placed before the Chief Justice, signalling 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.
• “This Court has duly considered the provisions of both the Acts as well as the judgements passed by this Court and the Hon’ble Apex Court and find that the learned Tribunal is absolutely without jurisdiction in passing the impugned injunction,” the court said.

High court’s legal analysis

• Rejecting the tribunal’s approach, the high court undertook a detailed examination of both statutes and concluded that the National Highways Act provides a complete and exhaustive framework for acquisition of land for highways.
• Section 91 of the Waqf Act does not bar acquisition of Waqf property.
• It only ensures that notice is given to the Waqf Board to enable participation in compensation proceedings.

• The tribunal’s jurisdiction under Section 83 of the Waqf Act does not extend to questioning land acquisition carried out under a separate central legislation.
• The high court held that in case of any conflict between the two laws, the National Highways Act– enacted under the Union List would prevail over the Waqf Act.

Reliance on precedents

• The court relied on earlier decisions, including a Supreme Court ruling in NHAI vs Sayedabad Tea Company Ltd. (2020), to affirm that highway acquisition laws operate as a complete code.
• It also referred to prior high court orders, including a February 26 decision, which had already lifted restrictions on construction activity in respect of the same plots, effectively undermining the tribunal’s stay.

Final order

• Allowing the appeal, the high court set aside the tribunal’s May 15, 2025 order and cleared the way for NHAI to proceed with the highway construction project.
• No order as to costs was passed.

What court was hearing

• The high court was hearing a miscellaneous appeal under Section 83(9) of the Waqf Act, 1995, filed by NHAI challenging the legality of the tribunal’s injunction order passed in the case dating back to 2022.
• The tribunal had restrained NHAI from carrying out construction on multiple plots, including plot numbers 2886, 3092, 2963, 2502 and 2504, situated in Shahpur Baghauni and Mohiuddinpur Rajwa villages, on the ground that the acquisition process violated provisions of the Waqf Act and was carried out without proper notice to the Board.

Tribunal’s stay order

• In its May 15, 2025 order, the tribunal had held that the land acquisition process was “not in accordance with law” and stayed construction activities specifically on land classified as graveyards and mosques.
• It had also directed district authorities, including the district magistrate and the land acquisition officer, to strictly follow the provisions of the Waqf Act while acquiring such properties and report compliance before seeking vacation of the stay.

• The tribunal’s reasoning was based on three primary grounds- lack of notice to the Board, violation of statutory provisions, and the argument that acquisition laws for highways could not override protections available to Waqf properties.

NHAI’s case

• Advocates Maurya Vijay Chandra, Gaurav Govinda, Preety Ranjan, Om Sandliya and Barun Jha, appearing for NHAI contended that the tribunal had exceeded its jurisdiction, arguing that the National Highways Act, 1956 is a self-contained code governing acquisition of land for highways.
• The counsel submitted that it empowers the central government to acquire land of any description for public purposes such as highway construction.

• The Waqf Act does not prohibit acquisition but only mandates procedural safeguards like issuance of notice, the counsel informed the court.
• The counsel added that the authority also pointed to the detailed statutory mechanism under Sections 3A to 3H of the National Highways Act, which covers notification, objections, declaration, possession, and compensation.

Waqf Board’s stand

• Advocate Mohammad Helal Ahmad, appearing for the Waqf Board argued that acquisition of Waqf property amounted to “alienation” and was void without compliance with Sections 51 and 52 of the Waqf Act.
• The counsel contended that the tribunal had jurisdiction to adjudicate disputes relating to Waqf property and that the proposed highway alignment could be altered to avoid the religious sites, as alternative land was allegedly available nearby.

Why this ruling matters

• The judgment significantly clarifies the legal position on acquisition of Waqf properties for public infrastructure, holding that such land is not immune from acquisition under central laws like the National Highways Act.
• It also draws a firm line on the jurisdiction of Waqf Tribunals, emphasising that they cannot interfere with statutory acquisition processes governed by separate legislation.
• The ruling is likely to have far-reaching implications for infrastructure projects across India, particularly where religious or endowed properties intersect with highways, railways, and urban expansion plans.