National Highways Act, 1956 Prevails Over Waqf Act in Land Acquisition Dispute
The Patna High Court has set aside an injunction issued by the Bihar State Waqf Tribunal, which had previously restrained the National Highways Authority of India (NHAI) from proceeding with construction work on certain plots of land, categorized as Waqf property, for a national highway project. The judgment, delivered by Mr. Justice Bibek Chaudhuri, emphasized that the acquisition of land for national highways falls under the jurisdiction of the National Highways Act, 1956, a comprehensive code that supersedes the Waqf Act, 1995, in such matters.
In the case titled "National Highways Authority of India v. Syed Mohammad Masood Jawed and Ors.," the High Court examined whether the Waqf Tribunal had the jurisdiction to issue an injunction against the NHAI's land acquisition process. The Tribunal had issued the injunction on the grounds that the acquisition process did not comply with the Waqf Act, 1995, and that no prior notice was served to the Waqf Board. However, the High Court clarified that the National Highways Act provides a detailed procedure for land acquisition, including notification, objection handling, and compensation, which prevails over the Waqf Act in case of any conflict.
The High Court also addressed arguments presented by the Waqf Board, which contended that the acquisition of Waqf property without the Board's sanction constituted an unlawful alienation. The court rejected this claim, stating that the acquisition for public purposes, such as national highways, does not qualify as alienation under the Waqf Act. The court further emphasized the principle of harmonious construction, highlighting that in instances of legislative conflict, the National Highways Act, as a legislation under Entry 23 of List-I of Schedule-VII of the Constitution, takes precedence.
The judgment reaffirmed the position established in previous cases, including "National Highways Authority of India v. Sayedabad Tea Company Limited," and cited the Supreme Court's directives in similar matters, underscoring the importance of national infrastructure development over individual property rights when governed by appropriate legislation.
The High Court's decision underscores the necessity of adhering to the legislative framework provided by the National Highways Act for land acquisition, ensuring that public infrastructure projects are not unduly delayed by jurisdictional disputes. The verdict allows the NHAI to resume construction activities on the disputed plots, facilitating the continuation of vital national highway projects.
Bottom Line:
Acquisition of Waqf property for construction of National Highways does not fall within the jurisdiction of the Waqf Tribunal, and such acquisition is governed by the National Highways Act, 1956, which is a complete code in itself.
Statutory provision(s): Waqf Act, 1995 Sections 83, 51, 52; National Highways Act, 1956 Sections 3A to 3H
