National Highways Act Is A Complete Code; Waqf Tribunal Lacks Jurisdiction To Stall Highway Project: Patna High Court
The Patna High Court set aside the injunction granted by the Waqf Tribunal restraining NHAI from highway construction, holding that the National Highways Act is a complete code in itself for the purpose of acquisition of land for the national highwaysA Single Judge Bench comprising Justice Bibek Chaudhuri was hearing an appeal under Section 83(9) of the Waqf Act, 1995 read with the...
The Patna High Court set aside the injunction granted by the Waqf Tribunal restraining NHAI from highway construction, holding that the National Highways Act is a complete code in itself for the purpose of acquisition of land for the national highways
A Single Judge Bench comprising Justice Bibek Chaudhuri was hearing an appeal under Section 83(9) of the Waqf Act, 1995 read with the Waqf (Amendment) Act, 2025 and Section 151 CPC, challenging the order dated 15.05.2025 passed by the Bihar State Waqf Tribunal, Patna in Miscellaneous Case No. 24 of 2022, whereby the Tribunal restrained NHAI from carrying out construction of a national highway over certain plots recorded as Kabristan and Masjid in Samastipur district.
The appellant (NHAI) contended that the Waqf Tribunal had exceeded its jurisdiction under Section 83 of the Waqf Act, which is limited to disputes relating to Waqf property and does not extend to questions of land acquisition. It was argued that the National Highways Act, 1956 is a self-contained code permitting acquisition of land for public purposes, including highways, and such acquisition cannot be interdicted by the Tribunal. Further, Section 91 of the Waqf Act does not prohibit acquisition of Waqf property, but only provides a mechanism for claiming compensation.
The Waqf Board contended that acquisition of Waqf property amounts to alienation and is prohibited under Section 51 of the Waqf Act without prior sanction of the Board. It was further argued that the procedure under Section 91 of the Waqf Act must be followed even for acquisition under the National Highways Act, and in the absence of compliance, the acquisition and subsequent construction were illegal.
The High Court further referred to its earlier order dated 26.02.2026 passed in Vikas Kumar v. Union of India & Ors. (C.W.J.C. No. 3020 of 2022), where a Division Bench had already held that there was no impediment or hindrance in proceeding with construction on the plots in question. The Court noted that this finding effectively nullified the basis of the injunction granted by the Waqf Tribunal. The Court held that the Tribunal failed to consider that the National Highways Act, 1956 is a complete code in itself governing acquisition of land for national highways. The Court noted:
“The learned Tribunal failed to consider two Central Legislations, viz., National Highways Act, 1956 and Waqf Act, 1995, subsequently notified as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 have to be construed harmoniously and in the event of any conflict, the National Highways Act, 1956, shall prevail, as qua the construction of national highways, the legislation under Entry 23 of List-I of the Schedule-VII of the Constitution occupied the filed prior to the enactment of the Waqf Act, 1995 and therefore, the latter legislation under Entry 28 of List-III of Schedule-VII shall give way. In any event, the objects of the Waqf Act, 1995 make it clear that the Waqf Act is enacted to provide for the better administration of Waqf properties. Further, the entire scheme of the Waqf Act, 1995 demonstrate that the Act contemplates to govern the aspects relating to dedication, lease, sale, gift, martgage, exchange or transfer of Waqf property. The relevant provisions are stated in Sections 6, 7 and 51 of the Waqf Act. In this regard, the decision, reported in Ashoka Marketing Ltd. v. Punjab National Bank, reported in (1990) 4 SCC 406 may be relied on.”
Thus, the Court held that the learned Tribunal was “absolutely without jurisdiction” in passing the impugned order of injunction restraining NHAI from carrying out construction. The Court also noted:
“Practically the Tribunal failed to appreciate the law and in my view what matter most in the mind of the learned Chairman of the Waqf Tribunal is the interest of a particular community. This is not acceptable for a Member of Bihar Judicial Service. This observation be brought to the notice of the Hon'ble the Chief Justice.”
Thus, the High Court set aside the impugned order dated 15th May, 2025 passed by the Bihar State Waqf Tribunal, Patna in Miscellaneous Case No. 24 of 2022.
Title: National Highways Authority of India v. Syed Mohammad Masood Jawed
Case Number: Miscellaneous Appeal No.795 of 2025 In Civil Revision No.112 of 2025.
Appearance:For the Appellant/s: Mr. Maurya Vijay Chandra, Advocate; Mr. Gaurav Govinda, Advocate; Ms. Preety Ranjan, Advocate; Mr. Om Sandliya, Advocate; Mr. Barun Jha, AdvocateFor the Union of India: Mr. Ram Tujabh Singh, CGCFor the State: Mr. Vivek Prasad, GP-7; Mr. Sanjayy Kumar, AC to GP-7; Ms. Roona, AC to GP-7.For Respondent Nos. 4 to 6: Mr. Md. Helal Ahmad, Advocate