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2002 DIGILAW 724 (PNJ)

Parmod v. Jagbir Singh

2002-07-29

J.S.NARANG

body2002
Judgment J.S.Narang, J. 1. The question, which has arisen in the present application filed by way of objection against the order/reward of the Lok Adalat constituted under the Legal Services Authorities act, 1987 is as to whether an objection petition against the order of Lok Adalat is entertainable by this Court by invoking the power under Section 151 of the Code of Civil Procedure. 2. The Lok Adalats are constituted in pursuant to the provisions contained under the Legal Services Authorities Act, 1987 (hereinafter referred to as the act). The Constitution, Scope and Jurisdiction of the Lok Adalat has been prescribed under Sections 19, 20, 21 and 22 of the Act. It shall be apposite to notice the aforesaid provisions of the Act which reads as under:- "19. Organisation of Lok Adalats.- (1) Every State Authority or District Authority or the Supreme Court Legal Services Committee or every High Court Legal Services Committee or, as the case may be. Taluk Legal Services Committee may organise Lok Adalats at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit. (2) Every Lok Adalat organised for an area shall consist of such number of- (a) serving or retired judicial officers, and (b) other persons of the area as may be specified by the State Authority or the District Authority or the Supreme Court Legal Services Committee or the High Court Legal Services Committee, or, as the case may be, the Taluk Legal Services Committee, organising such Lok Adalat. (3) The experience and qualifications of other persons referred to in Clause (b) of Sub-section (2) of Lok Adalats organised by the Supreme Court Legal Services Committee shall be such as may be prescribed by the Central Government in consultation with the Chief Justice of India. (4) The experience and qualifications of other persons referred to in Clause (b) of Sub-section (2) for Lok Adalats other than referred to in Sub-section (3) shall be such as may be prescribed by the State Government in consultation with the Chief Justice of the High Court. (4) The experience and qualifications of other persons referred to in Clause (b) of Sub-section (2) for Lok Adalats other than referred to in Sub-section (3) shall be such as may be prescribed by the State Government in consultation with the Chief Justice of the High Court. (5) A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of- (i) any case pending before; or (ii) any matter which is falling within the jurisdiction of, and is not brought before, any Court for which the Lok Adalat is organised: Provided that the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence and compoundable under any law. 20. Cognizance of cases by Lok Adalats.- (1) Where in any case referred to in Clause (i) of Sub-section (5) of Section 19. (i)(a) the parties thereof agree; or (b) one of the parties thereof makes an application to the Court, for referring the case to the Lok Adalat for settlement and if such Court is prima facie satisfied that there are chances of such settlement; or (ii) the Court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat, the Court shall refer the case to the Lok Adalat: Provided that no case shall be referred to the Lok Adalat under Sub-clause (b) of Clause (i) or Clause (ii) by such Court except after giving a reasonable opportunity of being heard to the parties. (2) Notwithstanding anything contained in any other law for the time being in force, the Authority or Committee organising the Lok Adalat under Sub-section (1) of Section 19 may, on receipt of an application from any one of the parties to any matter referred to in Clause (ii) of Sub-section (5) of Section 19 that such matter needs to be determined by a Lok Adalat, refer such matter to the Lok Adalat, for determination. Provided that no matter shall be referred to the Lok Adalat except after giving a reasonable opportunity of being heard to the other party. Provided that no matter shall be referred to the Lok Adalat except after giving a reasonable opportunity of being heard to the other party. (3) Where any case is referred to a Lok Adalat under Sub-section (1) or where a reference has been made to it under Sub-section (2) the Lok Adalat shall proceed to dispose of the case or matter and arrive at a compromise or settlement between the parties. (4) Every Lok Adalat shall, while determining any reference before it under this Act, act with utmost expedition to arrive at a compromise or settlement between the parties and shall be guided by the principles of justice, equity, fair play and other legal principles. (5) 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 shall be returned by it to the Court, from which the reference has been received under Sub-section (1) for disposal in accordance with law. (6) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, in a matter referred to in Sub-section (2), the Lok Adalat shall advise the parties to seek remedy in a Court. (7) Where the record of the case is returned under Sub-section (5) to the Court, such Court shall proceed to deal with such case from the stage which was reached before such reference under Sub-section (1). 21. Award of the Lok Adalat.- (1) Every award of the Lok Adalat shall be deemed to be a decree of a civil Court, or as the case may be, an order of any other Court and where a compromise or settlement has been arrived at, by a Lok Adalat in a case referred to it under Sub-section (1) of Section 20, the Court fee paid in such case shall be refunded in the manner provided under the Court Fees Act, 1870 (7 of 1870). (2) Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any Court against the award. 22. (2) Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any Court against the award. 22. Powers of Lok Adalats.- (1) The Lok Adalats shall, for the purposes of holding any determination under this Act, have the same powers as are vested in a civil Court under the Code of Civil Procedure. 1908 (5 of 1908) while trying a suit in respect of the following matters namely:- (a) the summoning and enforcing the attendance of any witness and examining him on oath; (b) the discovery and production of any document; (c) the reception of evidence on affidavits; (d) the requisitioning of any public record or document or copy of such record or document from any Court or office; and (e) such other matters as may be prescribed. (2) Without prejudice to the generality of the powers contained in Sub-section (1), every Lok Adalat shall have the requisite powers to specify its own procedure for the determination of any dispute coming before it. (3) All proceedings before the Lok Adalat shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of the Indian Penal Code (45 of 1860) and every Lok Adalat shall be deemed to be a civil Court for the purpose of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974)." 3. The perusal of the aforesaid provisions shows that primarily the Lok Adalats are expected to make an effort to bring around a Compromise or Settlement between the parties and that for achievement of the said objective, the Lok Adalat shall be guided by the principles of justice, equity, fair play and other legal principles. The Lok Adalats are entitled to pass an award which shall be deemed to be a decree of a civil Court or as the case may be and the said award shall be final and binding on all the parties to the dispute and that no appeal has been provided against the said award. The Lok Adalats are entitled to pass an award which shall be deemed to be a decree of a civil Court or as the case may be and the said award shall be final and binding on all the parties to the dispute and that no appeal has been provided against the said award. The award passed by the Lok Adalat would also be enforceable by virtue of the powers of Lok Adalat provided under Section 22 of the Act and that while exercising such powers, Lok Adalat has been bestowed the powers to specify its own procedure for the determination of any dispute coming before it and that such proceedings are to he deemed to be judicial proceedings. Inspite of these powers, the Lok Adalat cannot acquire the jurisdiction of a Court, resultantly, the Lok Adalat cannot assume the role of a regular Court except for recording a Compromise or Settlement. 4. Some what similar questions had arisen before a Division Bench of this Court and it has been held in Re: Sham Lal Sharma v. State of Haryana and Ors., (2002-1)130 P.L.R. 188 that the Lok Adalat cannot assume the role of the regular Court and decide cases dehors Compromise or Settlement. Thus the power and the jurisdiction has not been conferred upon the Lok Adalat to decide the cases on merits but only the Compromise or settlement can be recorded keeping in mind the principles of justice, equity, fair play and other legal principles. 5. In another case, in re: Kamal Mehta v. General Manager, Rajasthan Roadways Transport Corporation and Anr., FAO No. 798 of 1999-decided on 7th November, 2001, wherein the Corporation filed objections that the award of the Lok Adalat be set aside and the matter be returned to the High Court for adjudication. The Division Bench of this Court while considering the provisions of the Act and the objections filed against the award made by the Lok Adalat, has come to the conclusion that the procedure for entertaining objections against the award of the Lok Adalat is unknown to the proceedings envisaged under the Act. It has also been held that such an award if it does not spell out a compromise as settlement, would clearly violate the principle of the finality of an award of a Lok Adalat as envisaged under Section 21 of the Act. It has also been held that such an award if it does not spell out a compromise as settlement, would clearly violate the principle of the finality of an award of a Lok Adalat as envisaged under Section 21 of the Act. resultantly, cannot be treated like a decree, it would amount to transgression of the powers of the Court. The relevant para of the judgment reads as under:- "It will be clear from the above discussion that the Lok Adalats have been conceptualised as agencies wherein matters can be amicably compromised, settled by mutual agreement. These words have been repeatedly used in the statute, and if such an agreement cannot be reached, the Lok Adalat must divert itself of the controversy and must itself refer or advise the parties to approach a Court. It is true that the respondent-Corporation has been left with the liberty to file objections but this procedure is unknown to proceedings under the Act and clearly violates the principles of the finality of an award of a Lok Adalat envisaged under Section 21. This is thus a clear transgression on the powers of the Appellate Court." 6. It may be noticed that the award of the Lok Adalat is to be taken as final and binding between the parties to the dispute and that no appeal has been provided against the same to any Court. The question still remains as to what remedy shall be available to a person if assumingly the Lok Adalat transgresses the powers of the Court or the authority where upon such powers have been conferred. Is it that the person who is not satisfied with the award as the same is not tainted with Compromise or Settlement, has no remedy? 7. Admittedly, the objections cannot be entertained under Section 151 of the Code of Civil Procedure Thus, if at all, the award needs to be challenged for having been passed beyond the powers conferred upon there Lok Adalat, the power of superintendence of the High Court as envisaged under Article 227 of the Constitution of India might be invoked. 7. Admittedly, the objections cannot be entertained under Section 151 of the Code of Civil Procedure Thus, if at all, the award needs to be challenged for having been passed beyond the powers conferred upon there Lok Adalat, the power of superintendence of the High Court as envisaged under Article 227 of the Constitution of India might be invoked. It has been categorically provided under Section (3) of Section 22 of the Act that all proceedings before the Lok Adalat shall be deemed to be judicial proceedings and that every Lok Adalat shall be deemed to be a civil Court and that an award of Lok Adalat shall be deemed to be a decree of a civil Court. Thus, every High Court shall have the power of superintendence over the Lok Adalat and therefore the High court may entertain appropriate petition under Article 227 of the Constitution of India against the award which has been made by the Lok Adalat allegedly not tainted with Compromise or Settlement. 8. In view of the above, the objections filed under Section 151 of the Code of Civil Procedure against the order/award of the Lok Adalat are not to be entertainable. As such dismissed. 9. However, the applicant may avail the relief as per the remedy available under law. Dismissal of the application by this Court shall not be taken as expression on merits of the objections.