National Highways Act prevails over Waqf Act regarding land acquisition for public infrastructure projects.

The National Highways Authority of India (NHAI) challenged an injunction order dated May 15, 2025, passed by the Bihar State Waqf Tribunal.

The Tribunal had restrained NHAI from constructing a national highway on specific plots in Samastipur district identified as Kabristan (graveyard) and Masjid (mosque).

The Tribunal held the acquisition illegal on the grounds that no notice was served to the Waqf Board under Section 91 of the Waqf Act, 1995, and that the National Highways Act did not apply to Waqf properties.

NHAI contended that the National Highways Act is a self-contained code for land acquisition for public purposes and that the Tribunal lacked jurisdiction to stay such projects.

1. Whether the Bihar State Waqf Tribunal has the jurisdiction under Section 83 of the Waqf Act, 1995, to adjudicate disputes and grant injunctions regarding land acquisition for National Highways.

2. Whether the National Highways Act, 1956, prevails over the Waqf Act, 1995, in matters concerning the acquisition of land for the construction of national highways.

3. Whether Section 91 of the Waqf Act, 1995, acts as a bar to the acquisition of Waqf property or merely mandates procedural notice for compensation.

Section 83 of the Waqf Act, 1995, which defines the limited jurisdiction of Waqf Tribunals regarding disputes related to Waqf property.

Sections 3-A to 3-H of the National Highways Act, 1956, which provides a comprehensive and "complete code" for land acquisition.

The constitutional principle of harmonious construction and the doctrine that legislation under Entry 23 of List-I (National Highways) prevails over Entry 28 of List-III (Charities/Religious Endowments) in cases of conflict regarding highway construction.

National Highways Authority of India v. Sayedabad Tea Company Limited & Ors. (2020) regarding the NH Act as a complete code.

Ashoka Marketing Ltd. v. Punjab National Bank (1990) regarding statutory interpretation.

The Court reasoned that Section 83 of the Waqf Act does not authorize Tribunals to interfere with land acquisition processes initiated for public purposes under the National Highways Act.

Section 91 of the Waqf Act does not prohibit the acquisition of Waqf land; rather, it ensures the Board receives notice to claim an interest in the compensation award.

The National Highways Act is a special, self-contained legislation for national integration and public convenience.

Applying the principle of federal supremacy, the Court held that since the National Highways Act falls under Entry 23 of the Union List, it takes precedence over the Waqf Act in the context of highway development.

The Court also noted that a Division Bench of the same High Court had already observed that there was no restriction on NHAI proceeding with work on these specific plots.

The Court criticized the Tribunal for prioritizing communal interests over settled legal principles.

The Court held that the Tribunal acted "absolutely without jurisdiction" in staying a national highway project.

The National Highways Act, 1956, is a complete code that prevails over the procedural requirements of the Waqf Act regarding land acquisition for highway construction.

No order as to costs was made.