This article has been written by Manaswini Vakulabharanam, a student studying BA.LLB from Pendekanti law college, Hyderabad. The author is a second-year student.
Before getting into the topic let us understand what a LOK ADALAT is, a Lok Adalat is one of the Alternative Dispute Redressal mechanism. NALSA – National Legal Services Authority along with other legal services Institutions conducts Lok Adalats. Lok adalat is one of the Alternative Dispute redressal mechanisms it is a forum where disputes/cases pending in the cdourt of law or at pre-litigation stage are settled/compromised amicably. Lok Adakats have been given statutory state under the Legal Services Authorities act, 1987.
Under the said Act, the award made by the Lok Adalat is deemed to be a decree of a civil court and is final and binding on all parties and no appeal against such an award lies before the court of law. If the parties are not satisfied with the award, but they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure in excuse if their right to litigate they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure in exercise of their right to litigate. There is no court fee payable when a matter is filed in a Lok Adalat.
Nature of cases to be referred to Lok Adalat:
- Any case pending before any court.
- Any dispute which has not been brought before any court and is likely to be filed before the court.
# Provided that any matter relating to an offence not compoundable under the law shall not be settled in Lok Adalat.
Types of Lok Adalat:
- National Lok Adalat: Held throughout the country in all the courts from the SC till the taluka level.
- Permanent Lok Adalat: Cases related to public utility services like transport, postal telegraph etc. are taken up. Jurisdiction up to 10 lakhs.
- Mobile Lok Adalat: Travel from one location to another to resolve disputes.
Let us now understand the organization of the Lok Adalat. The organization of Lok Adalat is mentioned under Chapter VI Section 19 of the Legal Services Act,1987.
Section 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 organize 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) for 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.
(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 not compoundable under any law.
Before getting into the Cognizance of cases in Lok Adalat. Let us first understand what is ‘Cognizance of cases’.
Cognizance literally means knowledge or notice, and taking cognizance of offence means taking notice or becoming aware of the alleged commission of an offense. Obviously, the judicial officer will have to take cognizance of the offence before he could proceed to conduct a trade.
The cognizance of the cases by lok adalats is mentioned under chapter VI Section 20 of the Legal Services Act, 1987.
Section 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 isprima facie satisfied that there are chances of such settlement; or (ii) thecourt 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 cither law for the time being in force, the Authority or Committee organising the Lok Adalat under sub-section (1) of section19 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.
(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 settlementcould 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), that Lok Adalat shall advice the parties to seek remedy in a court.
(7) Where the record of the case if 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).
Lok Adalat is very effective in setlemt of mony claims. Disputes like suits, damages and matrimonial cases can also be easily settled before lok adalat, as the scope for compromise through an approach of give and take is high in these cases. A lok Adalat can take up civil cases (including marriage, and family disputes) and compoundable criminal cases. First time Lok Adalat was held in Gujarat in 1999. It is a forum where cases pending on panchayat or at pre lititgation stage in a court of law are settled. They have been given statutory status under the Legal Services Act, 1987. Under this Act, the award made by the Lok Adalat is deemed to be a case of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law.
References:
https://nalsa.gov.in/lok-adalat
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