Patna, March 17 The Patna High Court on Tuesday overturned a decision by the Bihar State Waqf Tribunal, which had prevented the National Highways Authority of India (NHAI) from carrying out construction on certain plots in the Samastipur district of Bihar.
Justice Bibek Chaudhuri held that the tribunal had exceeded its authority by staying the acquisition and construction work on land designated as mosque and graveyard properties.
"The learned tribunal has absolutely no jurisdiction in passing the impugned order of injunction," the court observed, adding that the tribunal had "failed to understand the law".
The Waqf Tribunal, in its order of May 15, 2025, had stayed construction on several plots, arguing 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 this argument, the High Court ruled that the National Highways Act is a "complete code in itself" for the purpose of acquiring land for national highways.
"Section 91 of the Waqf Act 1995 does not prohibit the acquisition of Waqf land," the court said, noting that the provision merely requires that notice be served on the Waqf Board to enable it to participate in the compensation proceedings.
The court also noted earlier orders and observed that these had "practically nullified" the tribunal's stay.