Patna High Court Overturns Waqf Tribunal's Order on Land Acquisition
The Patna High Court nullified a Bihar State Waqf Tribunal decision that halted construction by NHAI on land labeled as mosque and kabristaan properties in Samastipur. The court determined the tribunal overstepped its jurisdiction, upholding the National Highways Act, 1956 for land acquisitions.
- Country:
- India
In a significant legal development, the Patna High Court has overturned an order from the Bihar State Waqf Tribunal. The tribunal had previously barred construction activities by the National Highways Authority of India (NHAI) on plots identified as mosque and kabristaan properties in Samastipur district.
Justice Bibek Chaudhuri found that the Waqf Tribunal had overreached its jurisdiction by issuing an injunction. The court's ruling emphasized that the tribunal had misinterpreted the law by inhibiting the land acquisition based on the Waqf Act.
The National Highways Act, 1956, was cited as providing a comprehensive framework for such acquisitions. The High Court's decision reaffirms that Section 91 of the Waqf Act does not restrict acquiring Waqf land, thus enabling road development projects to proceed.
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