Topic – 9

LOK ADALAT & LOK

NYAYALAYA
Ritesh Khatri – Course In Charge
Introduction
• Meaning
• Concept of Lok Adalat
• Meaning, Nature, Characteristic
• Cases Suitable for Lok Adalat
• Constitution and working of
Lok Adalats in terms of Legal
Services Authority Act
SCOPE OF LOK ADALAT IN ADR
• One of the ADR mechanisms
• Forum where disputes/cases pending in the court of law or at pre-
litigation stage are settled/ compromised amicably.
• Statutory status under the Legal Services Authorities Act, 1987
• Award (decision) made by the Lok Adalats is deemed to be a decree
of a Civil Court and is final and binding on all parties
• No appeal against such an award lies before any court of law –
exception is Writ
• forum provided by the people themselves or by interested parties
including social activities or social activist legal aiders, and public
spirited people belonging to every walk of life.
CHARACTERISTICS IN TERMS OF
ADR
• based on settlement or compromise reached through systematic negotiations
• win - win system where all the parties to the dispute have something to gain
• one among the Alternate Dispute Resolution (ADR) systems
• economical - No court fee is payable
• parties to a dispute can interact directly with the presiding officer, which is not
possible in the case of a court proceeding
• deemed to be civil court for certain purposes
• having certain powers of a civil court
• award passed by the Lok Adalat is deemed to be a decree
• final and no appeal is maintainable from it
• CPC & Evidence Act not Applicable
• PLA can pass award even without consent of parties
• Appearance of lawyers not barred.
LEGAL SERVICES AUTHORITIES ACT
• In India, legal services exist at three levels i.e.- The center, state and,
the district level. The central government establishes the National
Legal Services Authority (NALSA) and the Supreme Court Legal
Services Committee (SCLSC).
• Power to constitute Lok Adalat
• Every central, state, district, or taluk committee may organize Lok Adalats
from time to time. A case may be referred to the Lok Adalat if any of the
parties thereof makes an application to the court for referring the case to a
Lok Adalat.
• Powers
Scheme of Act and
NLSA/SLSA/DLSA/TLSC
Pre-Litigation Conciliation
• to make an endeavor for harmonious decree of the dispute between
the disputant parties at the pre litigation stage itself
• In case the conciliation measures fructify into a settlement agreement
the same would be executable as a decree of the court
• In case the subject matter is not established the parties are always at
autonomy to move toward the courts for judicial fortitude of their
disputes or take alternative to arbitration.
• UNCITRAL Model Law on International Commercial Conciliation, 2002
• Pre-Litgation Mediation - formal recognition of the same was received
in the case of K. Srinivas Rao vs. D A Deepa ( (2013) 5 SCC 226 )
• Commercial Courts Act, 2015 – Amendment 2018 – Section 12A
NALSA
• History
• 1851 - enactment in France for providing legal assistance to the indigent
• 1944 - Lord Chancellor, Viscount Simon appointed Rushcliffe Committee to
enquire about the facilities existing in England and Wales for legal advice to
the poor and to make recommendations as appear to be desirable for ensuring
that persons in need of legal advice are provided the same by the State
• 1952 - Govt. of India started addressing to the question of legal aid for the
poor in various conferences of Law Ministers and Law Commissions
• Article 39A
• Background of Legal Services Authorities Act 1987
Various Acts and Rules for LOK ADALAT
• Legal Services Authorties Act 1987
• The National Legal Services Authority Rules, 1995
• The Permanent Lok Adalat (Other Terms and Conditions of
Appointment of Chairman And Other Persons) Rules, 2003
• The Supreme Court Legal Services Committee Rules, 2000
• National Legal Services Authority (Lok Adalat) Regulations, 2009
• Gram Nyayalaya Act 2008
Lok Adalat
• Permanent Lok Adalat
• Section 22-B of The Legal Services Authorities Act, 1987
• permanent bodies with a Chairman and two members for providing
compulsory pre-litigative mechanism for conciliation and settlement of cases
• Regular Lok Adalat
• Daily
• Mobile
• Mega
• Continous
• National Lok Adalat
• All Cases
• Pending and Pre Litigation
LEVEL AND COMPOSITION – VIEWS
Recording Settlements in Lok Adalat
• Simple procedure and devoid of the regular formalities of the Court
• Normally presided over by a sitting or retired judicial officer who is the chairman, with
two other members, usually a lawyer and a social worker.
• Procedure = discuss (Section 21 in background)
• two mode of taking cognizance - (i) On Application - (ii) Suo Moto
• APPLICATION - All the parties to the case agree for referring the case to Lok Adalat, or
When one of the party to the case makes an application to court, praying to refer the
case to Lok Adalat and the court is prima facie satisfied that there are chances for
settlement.
• SUO MOTO - court is satisfied that the matter is an appropriate one to be taken
cognizance of, by the Lok Adalat. Then, the court shall refer the case to the Lok Adalat,
after giving a reasonable opportunity for hearing to all the parties
CASE LAWS
Punjab National Bank v. Lakshmichand Rai
• an appeal was filed under S. 96 of the Code of Civil Procedure against
the award made by a Lok Adalat.
• The question - whether such can appeal is maintainable.
• “an appeal would not lie under the provisions of Section 96 C.P.C. Lok
Adalat is conducted under an independent enactment and once the
award is made by Lok Adalat the right of appeal shall be governed by
the Legal Services Authority Act.”
• S. 21(2) - no appeal shall die against an order of a Lok Adalat.
CASE LAWS
Board of Trustees of the Port of Visakhapatnam v. Presiding Officer
Permanent, Lok Adalat-cum-Secretary, District Legal Services Authority,
Visakhapatnam and Anr.,

“Award is enforceable as a decree and it is final. The endeavor is only to

see that the disputes are narrowed down and make the final settlement
so that the parties are not again driven to further litigation or any
dispute”
CASE LAWS
ESTATE OFFICER VERSUS COLONEL H.V. MANKOTIA (RETIRED) - SUPREME
COURT (Recent 2021)

Appellant in the present appeal filed a writ petition in 2011 before the MP
High Court. The High Court allotted this case to Lok Adalat. The case was
listed before the Lok Adalat in 2013. The Lok Adalat entered into the merits
of the case and dismissed the writ petition. Appellant filed a restoration
application to restore the main petition. The Appellant contended before the
High Court that the order passed by the Lok Adalat is beyond the jurisdiction
of Lok Adalat. The High Court dismissed the application. Against the order of
the High Court, the Appellant filed an appeal before the Supreme Court.
• Question of Law - As to whether in the Lok Adalat held by the High Court
was it open to the members of the Lok Adalat to enter into the merits of
the writ petition to dismiss the same on merits, in the absence of any
settlement arrived at between the parties.
• SC set aside order and analyzed the provisions of Act, 1987-
• Section 19 - Organization of Lok Adalat;
• Section 20 - Cognizance of cases by Lok Adalat;
• Supreme Court observed that according to section 19(5) of the Act a Lok
Adalat shall have jurisdiction to determine and to arrive at a compromise or
a settlement between the parties to a dispute in respect of-
• any case pending before; or
• any matter which is falling within the jurisdiction of, and is not brought before, any
court for which the Lok Adalat is organized.
VITAL DEVELOPMENTS -
• https://www.deccanherald.com/specials/insight/lok-adalats-unclog-a-
choked-justice-delivery-system-1034264.html
• https://timesofindia.indiatimes.com/india/lok-adalats-can-pass-decre
e-in-criminal-cases-sc/articleshow/10911746.cms
• https://www.livelaw.in/news-updates/karnataka-hc-decree-award-by-
lok-adalat-cant-be-recalled-by-courts-bar-under-362-crpc-183755
• https://www.deccanherald.com/national/lok-adalat-cant-decide-cases
-on-merits-sc-1041603.html