Lok Adalats under the Legal Services Authorities Act, 1987 provide a statutory, conciliatory forum for amicable settlement of disputes at both pre-litigation and pending-case stages, with awards deemed decrees of civil courts and binding on parties without appeal. Lok Adalats are organized by legal services institutions at national, state, district, high court, and taluk levels, including Permanent Lok Adalats for public utility services.
Organization of Lok Adalats
- Lok Adalats are organized by the National, State, District, High Court, and Taluk Legal Services Authorities/Committees at intervals and places they deem fit, typically comprising a judicial officer as chair with advocates and social workers as members. These are conducted under Section 19 and are guided by the respective Legal Services Authorities to maximize outreach, including special and mobile sessions for accessibility.
- Permanent Lok Adalats (Chapter VI-A) are constituted with a Chairperson (serving/retired District Judge) and two members, functioning as standing bodies to handle pre-litigation disputes in specified public utility services such as transport, postal, and telegraph. Their structure ensures continuity and specialization for recurring service disputes.
Jurisdiction of Lok Adalats
- Ordinary Lok Adalats have jurisdiction to facilitate compromise or settlement in any case pending before a court or in matters at the pre-litigation stage that are otherwise cognizable by such courts, excluding non-compoundable offenses. Jurisdiction is conciliatory and depends on parties’ consent to settle.
- Permanent Lok Adalats have pre-litigation jurisdiction over disputes relating to public utility services; if conciliation fails, they can adjudicate the dispute on merits (except matters involving non-compoundable offenses), subject to statutory pecuniary and subject-matter limits.
Cognizance of cases by Lok Adalats
- Cases may be taken cognizance of by a Lok Adalat through reference by a court (with party consent), or directly at pre-litigation stage upon application to the relevant Legal Services Authority/Committee. Courts commonly refer compoundable criminal matters, motor accident claims, matrimonial disputes, and recovery/settlement matters suited for conciliation.
- Permanent Lok Adalats take cognizance upon pre-litigation applications involving public utility service disputes; once seized, ordinary civil courts are typically barred until the conciliation/adjudication process concludes.
Disposal of cases by Lok Adalats
- Ordinary Lok Adalats dispose of cases by facilitating compromise through counseling and conciliation; they record a settlement only when both parties agree. No adjudication on merits occurs if no settlement is reached, and the matter returns to the referring court or remains unresolved at pre-litigation stage.
- Permanent Lok Adalats follow a two-step process: conciliation first; if unsuccessful and the dispute is within jurisdiction, they proceed to decide the matter on merits through a simplified, just, fair, and equity-oriented procedure, ensuring speedy and low-cost resolution.
Nature of award and finality
- Every award of a Lok Adalat is deemed a decree of a civil court, executable as such, final and binding on all parties, and not appealable; however, judicial review under constitutional remedies may be invoked on limited grounds. This finality underpins certainty and encourages settlements.
- Awards reflect the terms of settlement in ordinary Lok Adalats; in Permanent Lok Adalats, awards may be on settlement or adjudication (post-conciliation failure), both carrying the same enforceability and binding effect.
Powers and procedure
- Lok Adalats are guided by principles of justice, equity, fair play, and natural justice rather than strict application of the Code of Civil Procedure and Evidence Act, enabling flexible, participatory conciliation. They can call for records, hear parties informally, and suggest terms conducive to settlement.
- Permanent Lok Adalats possess additional powers to conduct conciliation and, upon failure, to determine disputes on merits within their statutory ambit, following procedures they deem appropriate while ensuring due process, reasoned decisions, and expedition.
Practical guidance
- Choose the forum: Use ordinary Lok Adalats for pending and pre-litigation matters where mutual settlement is viable; opt for Permanent Lok Adalats for pre-litigation disputes involving public utility services when a quick, quasi-judicial decision may be needed if talks fail.
- Prepare for settlement: Bring authority letters, updated calculations, compromise drafts, and identity/authorization documents to enable immediate settlement recording and award issuance.
- Understand finality: Once an award is passed, treat it as a civil decree with direct executability; factor the no-appeal rule into negotiation strategy, ensuring terms are comprehensive, lawful, and practicable.
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