M/S Jamwaymata Trading LLP Throu. Nikhil R Agrawal v. the Land Acquisition Officer and Dy Collector General Administraion and Ors.
Case brief
What is this about?
Batch of 41 writ petitions, Bombay High Court, decided 6 Jan 2026 by Manish Pitale & Shreeram V. Shirsat, JJ. Key themes: maintainability of Article 226 petitions where statutory arbitration under Section 19 B (8) MH Act is pending; compensation claim for easementary rights under Section 19 B (5) Maharashtra Highways Act, 1955; Section 34 Arbitration and Conciliation Act, 1996 challenges; writ jurisdiction not exercised, petitions disposed with liberty to amend arbitration claims/Section 34 applications; precedents distinguished: NHAI v Resham Singh (2023) SCC OnLine P&H 7228 and UOI v Tarsem Singh (2019) 9 SCC 304.
What did the court decide?
Writ Petitions disposed of with liberty to the Petitioners: (a) to apply before the statutory arbitrator (Divisional Commissioner) or substituted arbitrators for amendment of statements of claim to incorporate the Section 19 B(5) easementary-rights compensation issue; (b) where arbitral awards stand challenged, to apply to the Competent Courts to amend their Section 34 Arbitration Act applications likewise; (c) where Section 34 applications succeeded and fresh arbitration was ordered, clause (a) liberty applies equally; (d) statutory arbitrator and Competent Courts directed to consider such applications sympathetically, in accordance with law, without insisting on technicalities; directions equally applicable where the statutory arbitrator's mandate expired and private arbitrators were appointed.