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

The excessive courtroom criticised the Waqf Tribunal’s reasoning for “interest of a particular community”. (Image enhanced utilizing AI)

Strong observations on tribunal

• In one of the vital hanging parts of the judgment, the excessive courtroom criticised the Tribunal’s reasoning for “interest of a particular community” which isn’t acceptable for a member of Bihar Judicial Service.
• The courtroom directed that this commentary be positioned earlier than the Chief Justice, signalling critical concern over the tribunal’s strategy.

• The courtroom held that the tribunal had acted “absolutely without jurisdiction” and didn’t correctly respect 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 courtroom stated.

High courtroom’s authorized evaluation

• Rejecting the tribunal’s strategy, the excessive courtroom undertook an in depth examination of each statutes and concluded that the National Highways Act offers an entire and exhaustive framework for acquisition of land for highways.
• Section 91 of the Waqf Act doesn’t bar acquisition of Waqf property.
• It solely ensures that discover is given to the Waqf Board to allow participation in compensation proceedings.

• The tribunal’s jurisdiction underneath Section 83 of the Waqf Act doesn’t lengthen to questioning land acquisition carried out underneath a separate central laws.
• The excessive courtroom held that in case of any battle between the 2 legal guidelines, the National Highways Act– enacted underneath the Union List would prevail over the Waqf Act.

Reliance on precedents

• The courtroom relied on earlier choices, together with a Supreme Court ruling in NHAI vs Sayedabad Tea Company Ltd. (2020), to affirm that freeway acquisition legal guidelines function as an entire code.
• It additionally referred to prior excessive courtroom orders, together with a February 26 choice, which had already lifted restrictions on development exercise in respect of the identical plots, successfully undermining the tribunal’s keep.

Final order

• Allowing the attraction, the excessive courtroom put aside the tribunal’s May 15, 2025 order and cleared the best way for NHAI to proceed with the freeway development undertaking.
• No order as to prices was handed.

What courtroom was listening to

• The excessive courtroom was listening to a miscellaneous attraction underneath Section 83(9) of the Waqf Act, 1995, filed by NHAI difficult the legality of the tribunal’s injunction order handed within the case relationship again to 2022.
• The tribunal had restrained NHAI from finishing up development on a number of plots, together with plot numbers 2886, 3092, 2963, 2502 and 2504, located in Shahpur Baghauni and Mohiuddinpur Rajwa villages, on the bottom that the acquisition course of violated provisions of the Waqf Act and was carried out with out correct discover to the Board.

Tribunal’s keep order

• In its May 15, 2025 order, the tribunal had held that the land acquisition course of was “not in accordance with law” and stayed development actions particularly on land categorized as graveyards and mosques.
• It had additionally directed district authorities, together with the district Justice of the Peace and the land acquisition officer, to strictly comply with the provisions of the Waqf Act whereas buying such properties and report compliance earlier than searching for trip of the keep.

• The tribunal’s reasoning was primarily based on three major grounds- lack of discover to the Board, violation of statutory provisions, and the argument that acquisition legal guidelines for highways couldn’t override protections obtainable to Waqf properties.

NHAI’s case

• Advocates Maurya Vijay Chandra, Gaurav Govinda, Preety Ranjan, Om Sandliya and Barun Jha, showing 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 authorities to accumulate land of any description for public functions similar to freeway development.

• The Waqf Act doesn’t prohibit acquisition however solely mandates procedural safeguards like issuance of discover, the counsel knowledgeable the courtroom.
• The counsel added that the authority additionally pointed to the detailed statutory mechanism underneath 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, showing for the Waqf Board argued that acquisition of Waqf property amounted to “alienation” and was void with out compliance with Sections 51 and 52 of the Waqf Act.
• The counsel contended that the tribunal had jurisdiction to adjudicate disputes referring to Waqf property and that the proposed freeway alignment may very well be altered to keep away from the non secular websites, as various land was allegedly obtainable close by.

Why this ruling issues

• The judgment considerably clarifies the authorized place on acquisition of Waqf properties for public infrastructure, holding that such land shouldn’t be immune from acquisition underneath central legal guidelines just like the National Highways Act.
• It additionally attracts a agency line on the jurisdiction of Waqf Tribunals, emphasising that they can’t intrude with statutory acquisition processes ruled by separate laws.
• The ruling is more likely to have far-reaching implications for infrastructure projects throughout India, significantly the place non secular or endowed properties intersect with highways, railways, and concrete enlargement plans.