National Highways Authority of India through Project Director PIU Patna vs Syed Mohammad Masood Jawed

IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.795 of 2025
In
CIVIL REVISION No.112 of 2025
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National Highways Authority of India through Project Director PIU Patna
With its office at Project Implementation Unit, Patna, Shivpuram, Sainik
Colony, Near Hanuman Mandir, Gola Road, Danapur, Patna- 801503.
... ... Appellant/s
Versus
1. Syed Mohammad Masood Jawed S/o Late Md. Abul Kalam Near Masjid,
resident of village- Shahpur Baghauni, Police Station- Vani, District-
Samastipur.
2. Md. Zafar Ahsan, S/o Late Md. Yusuf R/o Ward No.- 2, village- Shahpur
Baghauni, Police Station- Vani, District- Samastipur.
3. Md. Shahzad Ahmad, S/o Late Md. Sadul Hassan at P.O.- Razwa, Police
Station- NH Bangda, District- Samastipur.
4. The Bihar State Sunni Waqf Board, through its Chief Executive Officer, 34,
Haj Bhawan, Harding Road, Patna.
5. The Chairman, the Bihar State Sunni Waqf Board, Haj Bhawan, Harding
Road, Patna.
6. The Chief Executive Officer, The Bihar State Sunni Waqf Board through its
Chairman, Haj Bhawan, 34, Harding Road, Patna.
7. The District Magistrate, Samastipur.
8. The Land Acquisition Officer, Samastipur.
9. The Circle Officer, Anchal Office, Tajpur Block, District- Samastipur.
10. The Union of India, x
11. Md. Sattar Perwaiz X X
... ... Respondent/s
======================================================
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, Advocate
For the Union of India : Mr. Ram Tujabh Singh, CGC
For 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
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
CAV JUDGMENT
Date: 17-03-2026
1. The instant Miscellaneous Appeal under Section

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83(9) of the Waqf Act, 1995, read with the Waqf (Amendment)
Act, 2025 and Section 151 of the Code of Civil Procedure,
th
1908, challenges an order, dated 15 of May, 2025, passed by
the Bihar State Waqf Tribunal, Patna in Miscellaneous Case No.
24 of 2022, whereby and whereunder, the learned Presiding
Officer of the Waqf Tribunal passed an order of injunction,
restraining the National Highways Authority of India
(hereinafter referred to “NHAI” for short) from carrying out any
construction of national highway on Plot Nos. 2886 (Kabristan),
3092 (Kabristan), 2963 (Masjid) in Shahpur Baghanui Mauza
and Plot Nos. 2502(Masjid), 2504 (Kabristan) of Mohiuddinpur
Rajwa Mauza in the district of Samastipur on the following
questions of law:
(a) Before acquisition of the
above numbered plots in question by the
NHAI, no notice was served upon the
Waqf Board as contemplated under
Section 91 of the Waqf Act or Section 9(3)
and 10 of the Land Acquisition Act;
(b) The acquisition in question
is contrary to the instructions issued by
the Government of India in Manual of
2018 as well as against the provisions of
the Waqf Act, 1995; and
(c) National Highway

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Authorities Act and the procedure of
acquisition of land laid down in the said
Act is not applicable in case of
acquisition of land being the Waqf
property. So the entire acquisition and
subsequent action on the part of the
respondents are illegal, without
jurisdiction and violative of the
provisions of the Waqf Act.
2. Upon an application filed by the Private
Respondent, the Bihar State Waqf Tribunal passed the following
th
order in Miscellaneous Case No. 24 of 2022 on 15 of May,
2025: -
“The land acquisition process
in respect of Plot Nos. 2886 (Kabristan),
3092 (Kabristan), 2963 (Masjid) in
Shahpur Baghanui Mauza and Plot Nos.
2502 (Masjid) and 2504 (Kabristan) of
Mohiuddinpur Rajwa Mauza in the
district of Samastipur is not in
accordance with law and, therefore,
construction activity being carried out by
the NHAI is stayed. It is also clarified
that the order of Stay is only operational
on the above-mentioned lands and
operation of land belonging to those
Khesras, which are related to Maszid
and/or Kabristan.”

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3. The Tribunal also directed the DLAO and the
District Magistrate to take all endeavours, following the
provisions of Waqf Act, while acquiring any Waqf property and
inform the Tribunal, so that order of stay may be vacated on the
construction work.
4. The contesting Private Respondents took part in the
argument of the instant Appeal.
5, This Court has heard the learned counsels for the
appellant as well as the Waqf Board and the Private
Respondents.
6. The learned Advocate for the appellant, at the
outset, refers to the provisions, contained in Section 83 of the
Waqf Act, 1995, which deals with the constitution and
jurisdiction of Tribunals. Section 83 of the said Act runs thus: -
83. Constitution of Tribunals,
etc.— (1) The State Government shall, by
notification in the Official Gazette,
constitute as many Tribunals as it may
think fit, for the determination of any
dispute, question or other matter relating
to a waqf or waqf property, eviction of a
tenant or determination of rights and
obligations of the lessor and the lessee of
such property, under this Act and define
the local limits and jurisdiction of such

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Tribunals.
(2)Any mutawalli person
interested in a waqf or any other person
aggrieved by an order made under this
Act, or rules made thereunder, may make
an application within the time specified in
this Act or where no such time has been
specified, within such time as may be
prescribed, to the Tribunal for the
determination of any dispute, question or
other matter relating to the waqf.
(3)Where any application made
under sub-section (1) relates to any waqf
property which falls within the territorial
limits of the jurisdiction of two or more
Tribunals, such application may be made
to the Tribunal within the local limits of
whose jurisdiction the mutawalli or any
one of the mutawallis of the waqf actually
and voluntarily resides, carries on
business or personally works for gain,
and, where any such application is made
to the Tribunal aforesaid, the other
Tribunal or Tribunals having jurisdiction
shall not entertain any application for the
determination of such dispute, question or
other matter:
Provided that the State

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Government may, if it is of opinion that it
is expedient in the interest of the waqf or
any other person interested in the waqf or
the waqf property to transfer such
application to any other Tribunal having
jurisdiction for the determination of the
dispute, question or other matter relating
to such waqf or waqf property, transfer
such application to any other Tribunal
having jurisdiction, and, on such transfer,
the Tribunal to which the application is so
transferred shall deal with the application
from the stage which was reached before
the Tribunal from which the application
has been so transferred, except where the
Tribunal is of opinion that it is necessary
in the interest of justice to deal with the
application afresh.
(4)Every Tribunal shall consist
of—
(a)one person, who shall be a
member of the State Judicial Service
holding a rank, not below that of a
District, Sessions or Civil Judge, Class I,
who shall be the Chairman;
(b)one person, who shall be an
officer from the State Civil Services
equivalent in rank to that of the Additional

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District Magistrate, Member;
(c)one person having knowledge
of Muslim law and jurisprudence,
Member;
and the appointment of every
such person shall be made either by name
or by designation.
(4-A)The terms and conditions
of appointment including the salaries and
allowances payable to the Chairman and
other members other than persons
appointed as ex officio members shall be
such as may be prescribed.
(5)The Tribunal shall be deemed
to be a civil court and shall have the same
powers as may be exercised by a civil
court under the Code of Civil Procedure,
1908 (5 of 1908), while trying a suit, or
executing a decree or order.
(6)Notwithstanding anything
contained in the Code of Civil Procedure,
1908 (5 of 1908), the Tribunal shall follow
such procedure as may be prescribed.
(7)The decision of the Tribunal
shall be final and binding upon the parties
to the application and it shall have the
force of a decree made by a civil court.

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(8)The execution of any decision
of the Tribunal shall be made by the civil
court to which such decision is sent for
execution in accordance with the
provisions of the Code of Civil Procedure,
1908 (5 of 1908).
(9)No appeal shall lie against
any decision or order whether interim or
otherwise, given or made by the Tribunal:
Provided that a High Court
may, on its own motion or on the
application of the Board or any person
aggrieved, call for and examine the
records relating to any dispute, question
or other matter which has been
determined by the Tribunal for the
purpose of satisfying itself as to the
correctness, legality or propriety of such
determination and may confirm, reverse
or modify such determination or pass such
other order as it may think fit.
7. It is urged by the learned Advocate appearing on
behalf of the appellant that Waqf Tribunal is constituted by the
State Government for determination of any dispute, question or
other matters relating to Waqf or Waqf property, eviction of a
tenant or determination of rights and obligations of the lesser
and lessee of such property. Sub-section (2) of Section 83

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empowers a Mutawalli to make an application to the Tribunal
for determination of any dispute, question or other matters
relating to the Waqf.
8. It is contended on behalf of the appellant that sub-
section (1) of Section 83 of the Waqf Act does not authorize any
Mutawalli or any person interested in Waqf property to raise any
dispute with regard to acquisition of any land belonging to the
Waqf Board. Moreover, National Highways Act is a self-
contained Act, empowering the concerned authorities to acquire
land of any description for public purpose, namely, construction
of national highways. Construction of national highways does
not only create better conveyance facility throughout the
country, but it integrates the entire country by roadways.
Therefore, no question can be raised against the acquisition of
national highway.
9. It is of course pointed out by the learned Advocate
for the appellant that Section 91 of the Waqf Act, 1995 lays
down a procedure regarding acquisition of land belonging to
Waqf Board under Act 1 of 1894. The said provision does not
debar the acquiring authority from acquisition of land under the
Land Acquisition Act, 1894 or under any law for the time being
in force relating to acquisition of the land or other property. It

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only states that in course of the proceeding under Act 1 of 1894
or under any law for the time being in force relating to
acquisition of any land or any other property belonging to Waqf,
the Collector shall serve a notice of acquisition of such land to
enable the Board to appear within three months from the date of
receipt of such notice. Thus, the Collector is under obligation to
send a notice to the Waqf Board before an Award is made. In
other words, Section 91 does not prohibit acquisition of Waqf
land but it gives right to the Members of the Board or the person
interested of Waqf property to report themselves in respect of
the amount of Award against acquisition within a period of three
months from the date of receipt of the notice.
10. The learned Advocate on behalf of the appellant
further submits that Section 3-A to 3-H of the National
Highways Act, 1956 cull out a detailed provision regarding
acquisition of land for the purpose of construction of national
highways. Section 3-A empowers the Central Government to
notify any land for public purpose, viz ., for the building,
maintenance, management or operation of a national highway or
part thereof. According to Section 3-B, on issuance of such
notification under Section 3-A (1), any person authorized by the
Central Government shall make any inspection, survey,

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measurement, valuation or enquiry; take levels; dig or bore into
sub-soil; set out boundaries and intended lines of work; mark
such levels, boundaries and lines by placing marks and cutting
trenches; or do so such other acts or things as may be laid down
by rules made in this behalf by that Government. Section 3-C
provides that any person interested in any such land notified for
acquisition may file an objection within 21 days from the date
of publication of the notification before the competent authority
and the competent authority shall dispose of such objection after
giving the petitioner an opportunity of being heard. On disposal
of such objection, declaration of acquisition is to be made under
Section 3-D of the Act. Such declaration shall follow the power
of taking over possession by the Central Government under
Section 3-E of the Act. After taking over possession, the land
vests in the Central Government and the authorized person(s)
shall have the right to enter into the land. This follows the
determination of amount of compensation under Section 3-G of
the National Highways Act, 1956. Section 3-H of the Act
provides for deposit and payment of compensation. Thus, like
that of Waqf Act, 1995, the National Highways Act, 1956 does
not create any such provision for the person(s) interested in the
Waqf property to file an objection within three months from the

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date of service of notice by the Collector of the district.
11. Therefore, it is submitted by the learned Advocate
on behalf of the appellant that the impugned order was passed
without jurisdiction and the same is liable to be set aside.
12. The learned Advocate on behalf of the Waqf
Board, on the other hand, refers to Section 51 of the Waqf Act,
1995. Section 51 relates to alienation of Waqf property without
sanction of the Board. The Section says that such alienation is
void.
13. It is contended by the learned Advocate appearing
on behalf of the respondent-Waqf Board that the principle laid
down under Section 51 is applicable to the acquisition of land.
He also submits that Section 52 of Waqf Act, 1995 empowers
the Board to recover Waqf property, transferred in contravention
of Section 51 of the Waqf Act.
14. According to the learned Advocate for the Waqf
Board, the acquisition of Waqf property is a form of alienation
of the property from the ownership of Board to the ownership of
the State or Central Government. Such alienation is void and no
Waqf property can be acquired.
16. It is also contended by the learned Advocate

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appearing for the Waqf Board that Section 83 speaks about
“determination of any dispute” in the case, the dispute between
the parties relate to determination of an acquisition as to
whether the proposed national highway can be diverted about
200 mtrs. away from the existing site where there is huge
quantity of vacant land. This dispute comes within the
jurisdiction and the Tribunal rightly entertained the application
filed by the Respondents and passed an order of injunction.
17. It is also submitted by the learned Advocate for
the Board that the provision of Section 91 will be applicable
mutatis mutandis in respect of the acquisition under the National
Highways Act, 1956. Therefore, without following the legal
provisions, the Central Government or the Collector through the
Central Government cannot acquire Waqf property.
18. The Private Respondents have also adopted the
same submission.
19. On the last date of argument, the learned Advocate
th
for the appellant submits a web copy of the order, dated 26 of
February, 2026, passed in C.W.J.C. No. 3020 of 2022 (Vikas
Kumar v. The Union of India & Ors.). It is observed in
paragraph 5 of the said order as follows: -
“5. The order under challenge

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before the Bihar Waqf Board Tribunal,
relates to five of the plots bearing Khesra
Nos. 2886, 3092, 2502, 2504 and 2963
situated in village Mohiuddinpur Rajwa
and Shahpur Baghauni, however, in view
of the stay order passed by this Court
today in C.W.J.C. No. 3340 of 2026, now
there is no restriction for the NHAI to
carry out the order. “
20. The learned Advocate on behalf of the appellant
also refers to a judgement passed by the Division Bench of this
Court in C.W.J.C. No. 2218 of 2023 (Haji Md. Riyazuddin @
th
Mahammad Riyajuddin v. The Union of India & Ors.), on 6 of
April, 2023, where a public spirited person (petitioner)
challenged an order of demolition of an old historical Mazaar of
Zinda Shah Saheed Baba, situated at Kayamnagar, Bhojpur on
the four-lane of National Highway No. 30 and 84, connecting
Koilwar to Bhojpur. In paragraph nos. 9 and 10 of the said
judgement, the Hon'ble Division Bench decided as follows: -
“9. In the aforenoted writ
petition, this Court had also taken note of
structures/ religious structures and has
been pleased to observe as follows:
“We also notice that there are
14 structures which are required to be
removed in the District of Buxar. We

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direct the District Magistrate, Buxar to
forthwith take steps for removal of the
same. Structures of religious places have
to be removed more so in the light of the
orders passed by Hon’ble the Apex Court
in Special Leave to Appeal (Civil) No(s).
8519/2006, titled as Union of India Vs.
State of Gujarat & Ors. [Orders dated
29.09.2009 and 31.01.2018]. The District
Administration shall do this by also
associating the local populace, lending
the requisite sensitivity in the matter, but
in all circumstances, such structures shall
be removed.”
10. It would be also relevant to
observe that in the light of the orders
passed in SLP (C) No. 8519 of 2006
(Union of India Vs. State of Gujarat and
Ors.) in exercise of powers conferred
under Article 136 of the Constitution
framed the Rules titled as “Bihar
unauthorized religious structures,
construction, survey and its
regularization, relocation and removal
Rules, 2013”. Even as per the aforesaid
Rule no religious structure situated at
public place could be regularized, which
causes hindrance in smooth trafficking in
any of the manner. As per the orders of
this Court, the Administration has

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attempted to arrive at an amicable
solution by convening a meeting of the
local populous; who were unrelenting the
options put forth by the petitioner being
not feasible, the construction of the road
cannot be further delayed.”
21. Thus, the Division Bench, presided over by
th
Hon'ble the Chief Justice, vide order, dated 26 of February,
2026 has already held that there is no predicament or hindrance
in proceeding with the work on the plots in question involved in
the instant Appeal. This observation practically nullifies the
impugned order of injunction passed by the Chairman, Waqf
Tribunal, Patna.
22. The learned Tribunal failed to consider that the
National Highways Act, 1956 has been held to be a complete
code in itself for the purpose of acquisition of land for the
national highways.
23. In this regard, the decision in National Highways
Authority of India v. Sayedabad Tea Company Limited & Ors. ,
reported in (2020) 15 SCC 161 may be relied on.
24. The learned Tribunal failed to consider two
Central Legislations, viz. , National Highways Act, 1956 and
Waqf Act, 1995, subsequently notified as the Unified Waqf

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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.
25. 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 of
injunction.

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26. 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.
27. For the reasons stated above, the instant appeal is
allowed.
th
28. The impugned order, dated 15 of May, 2025,
passed by the Bihar State Waqf Tribunal, Patna in Miscellaneous
Case No. 24 of 2022, is hereby set aside.
29. However, there shall be no order as to costs.

(Bibek Chaudhuri, J)
skm/-
AFR/NAFR NAFR
CAV DATE 27.02.2026
Uploading Date 17.03.2026
Transmission Date 17.03.2026