Patna, Mar 17 The Patna High Court on Tuesday set aside a Bihar State Waqf Tribunal order that had restrained the National Highways Authority of India (NHAI) from carrying out construction on certain plots in Bihar's Samastipur district.
Justice Bibek Chaudhuri held that the tribunal had exceeded its jurisdiction in staying the acquisition and construction work on land recorded as mosque and kabristaan properties.
"The learned tribunal is absolutely without jurisdiction in passing the impugned order of injunction," the court observed, adding that the tribunal had "failed to appreciate the law".
The Waqf Tribunal, in its May 15, 2025, order, had stayed construction on several plots, holding that the acquisition was not in accordance with the Waqf Act, 1995. NHAI challenged the order, arguing that the National Highways Act, 1956 provides a complete mechanism for land acquisition for public purposes.
Agreeing with the contention, the High Court ruled that the National Highways Act is a "complete code in itself" for the purpose of acquisition of land for the national highways.
"Section 91 of the Waqf Act 1995 does not prohibit acquisition of Waqf land," the court said, noting that the provision merely requires notice to be served on the Waqf Board to enable it to participate in compensation proceedings.
The court also took note of earlier orders and observed that these had "practically nullified" the tribunal's stay.
