0804 Lok Adalats

    One of the objects of the Legal Services Authorities Act is to settle the disputes speedily through Lok Adalat. Indian Courts are overburdened with work and it takes years to settle the disputes before the formal courts. As we know that justice delayed is justice denied so need was felt for the constitution of alternate dispute mechanism to settle the disputes speedily without following the technicality of formal procedure. The Lok Adalat is recognized as one of the alternate dispute resolution mechanism capable of settling the dispute speedily, cheaply and amicably. All the legal services authorities can organize Lok Adalats at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit.

    A person shall not be qualified to be included in the Lok Adalat unless he is a member of the legal profession or a person of repute who is specially interested in the implementation of the Legal Services Schemes and Programmes or An eminent social worker who is engaged in the upliftment of the weaker sections of the society, including scheduled castes, scheduled tribes, women, children, rural and urban labour.

    As its bench, consisting of members from legal and non-legal background, so it is in a better position to understand the dispute of the parties and convincing them to arrive at a settlement or compromise. Experience of members from legal background helps in understanding the fate of the case in the eyes of law and the experience of the members from non-legal background helps in conciliation of parties to settle the dispute amicably before the Lok Adalat.

    The scope of Lok Adalat is very wide to include most of the cases pending in the court and about to come before the court for settlement. The Lok Adalat have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law. The Authority or Committee organizing the Lok Adalat may on receipt of an application from any one of the parties to matter referred above refer such matter to the Lok Adalat for determination. No matter is referred to the Lok Adalat except after giving a reasonable opportunity of being heard to the other party. When any case is referred to a Lok Adalat, the Lok Adalat proceeds to dispose of the case or matter and arrive at a compromise or settlement between the parties.

    Every Lok Adalat, while determining any reference before it acts with utmost expedition to arrive at a compromise or settlement between the parties. It is provided that where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, the record of the case is returned by it to the court, from which the reference has been received for disposal in accordance with law. The parties shall be advised to seek remedy in the court. Where the record of the case is returned to the court, such court shall proceed to deal with such case from the stage which was reached before such reference.

    It is also an accepted fact that justice hurried is justice buried. In order to save the time it need not to follow the formal procedure but is bound to follow the principle of natural justice so that both the parties to dispute get an opportunity of fair representation. None of the parties can be forced to compromise before the Lok Adalat if the terms of settlement fail to convince them.

    The award of Lok Adalat is final and binding on the parties. The provision of finality of award is a good provision to put an end to the litigation which is in the interest of justice. Powers provided to Lok Adalat are sufficient to impart justice without compromising on its quality. Its award is given the status of a decree, its proceeding is deemed to be judicial proceeding. It is given the status of civil court having all the power of summoning, requisition, discovery and receiving of evidence on affidavit. On the top of all this it has the power to specify its own procedure.

    The hon’ble supreme court in the case of P.T. Thomas v. Thomas Job4 elaborately explained the meaning and benefits of Lok Adalat as follows;

 • The "Lok Adalat" is an old form of adjudicating system prevailed in ancient India 

 • Its validity has not been taken away even in the modern days too. 

 • The word 'Lok Adalat' means 'People Court'. 

 • This system is based on Gandhian Principles. 

 • It is one of the components of Alternative Dispute Resolution System. 

 • As the Indian Courts are overburdened with the backlog of cases and involve a lengthy, expensive and tedious procedure. 

• The Court takes years together to settle even petty cases. 

 • Lok Adalat, therefore, provides alternative device for expedious and inexpensive justice. 

 • In lok adalat proceedings there are no victors and loosers and thus no enmity. 

 • Experiment of 'Lok Adalat' as an alternate mode of dispute settlement has come to be accepted in India, as a viable, economic, efficient and informal one. 

• There is no court fee and if court fee is already paid the amount will be refunded if the dispute is settled at Lok Adalat according to the rules.

    In the case of State of West Bengal v. Union of India5 , the hon’ble Supreme Court clarified the relationship between sections 12 and section 20 of the Act as follows: 

 • The power of the trial Court under sub-section (1) of Section 20 in making reference of any particular case to a Lok Adalat operates independently of Section 12 of the Act 

• The power of the concerned Authority or the Committee under sub-section (2) of Section 20 organising the Lok Adalat is controlled by the criteria prescribed by Section 12. 

 • If parties to dispute refer matter to Lok Adalat then they need not to fall in the category of people entitled for legal aid as provided in the Act 

• If legal services authority refer a case to Lok Adalat then parties associated with the dispute should only be those who are entitled for free legal aid as per section 12 of the Act.

Permanent Lok Adalat

There are many reasons for overburdening of Indian Courts. One reason is lack of personal interest of party in settlement of public utility services disputes, which reach to the Indian Courts in large number. Government officials involved in public utility services disputes hardy give any attention to settlement of disputes quickly. So the need was felt for the establishment of the permanent alternate dispute resolution mechanism especially for the settlement of public utility services disputes. This led to the establishment of Permanent Lok Adalat.

The main aim of Permanent Lok Adalat is to settle the public utility disputes quickly and finally. So it has one additional power of deciding the dispute on merit if parties fail to arrive at the settlement or compromise. This way it avoids the chances of delay in settlement of disputes.

“Public Utility Service” means and includes: 

· Transport service for the carriage of passengers or goods by air, road or water; or postal, telegraph or telephone service; or · Supply of power, light or water to the public by any establishment; 

or

 · System of public conservancy or sanitation; 

or 

service in hospital or dispensary; 

or 

 

Insurance service 

 · Includes any service which the Central Government or the State Government, as the case may be, may, in the public interest, by notification, declare to be a public utility service for the purposes of this assignment.

Composition

• A person who is, or has been, a district judge or additional district judge or has held judicial office higher in rank than that of a district judge, shall be the Chairman of the Permanent Lok Adalat; 
• Two other persons having adequate experience in public utility service
• Any party to a dispute may, before the dispute is brought before any court, can make an application to the Permanent Lok Adalat for the settlement of dispute. 
• It does not has jurisdiction in respect of any matter relating to an offence not compoundable under any law. 
• It also has no jurisdiction in the matter where the value of the property in dispute exceeds ten lakh rupees. 
• The Central Government, may, by notification, increase the limit of ten lakh rupees specified in the second proviso in consultation with the Central Authority

    Provisions like appointment of members from the legal and non-legal background make the board of adjudicators more efficient for understanding the disputes of parties and settling their disputes quickly and amicably. It has conciliatory as well as adjudicatory power but there are enough provisions under the Act to put the check of the arbitrary exercise of power.

    To save the time in settlement of disputes it need not to follow the formal procedure but it is bound to follow the principle of natural justice. If the arbitrary act or misconduct is proved on the part of the board of settlement, then they can be removed from the board and the award passed by such persons will not enjoy the status of finality. Therefore, it can be said that the establishment of the Permanent Lok Adalat is a very useful mechanism for settlement of the public utility services disputes amicably and quickly.

Every award of the Permanent Lok Adalat under this Act made either on merit or in terms of a settlement agreement is final and binding. It shall not be called in question in any original suit, application or execution proceeding. It is deemed to be a decree of a civil court. It is always by a majority of the persons constituting the Permanent Lok Adalat. The Permanent Lok Adalat may transmit any award made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.

Conclusion

    Certain miscellaneous/residuary provisions have been provided under this Act which empowers the Central Government and the State Government to make rules and regulations for the effective implementation of the provisions this Act. 

    To cope up with the changing requirements of equal administration of justice, such residuary power are very essential. For the administration of justice it is very necessary that justice provider should have sufficient powers to administer justice and immunity from action for anything done in good faith. 

    The Legal Services Authorities Act has provided sufficient powers to its officers engaged in the implementation of provisions of this Act. 

    They have been given the status of the public servant and the immunity from action for any thing done in good faith has been provided. 

    The provisions of this Act have the overriding effect over other Acts which helps in implementation of the provisions of this Act without any confusion. 

    If the confusion arises despite of having such overriding effect, then the central and the state governments have been given the power to make rules and regulations for the efficient implementation of the provisions. Such rules and regulations have to pass a very strict procedure for approval which eliminates the chance of corruption, misconduct or any other malpractice. 

It can be said that this Act is a golden gift for the general public as on one hand it provides free legal aid to needy people and promoted speedy disposal of disputes on the other hand it  also helps the judiciary by reducing its workload.