Lok Adalat

Lok Adalat is a system of alternative dispute resolution developed in India. It may be called “People’s court”. Lok Adalat is a forum where the disputes/cases pending in the court of law or at pre-litigation stage are settled/compromised amicably. The Lok Adalat has been given statutory status under the Legal Services Authorities Act, 1987. Under the said Act, the award made by the Lok Adalats is deemed to be the decree of a civil court and is final and binding on all parties and no appeal lies before any court against its award.

NATURE OF CASES TO BE REFERRED TO LOK ADALAT

1. Any case pending before any court.
2. 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.

HOW TO GET THE CASE REFERRED TO THE LOK ADALAT FOR SETTLEMENT

1. Case pending before the court:If the parties agree to settle the dispute in Lok Adalat or One of the parties makes an application to the court or The court is satisfied that that the matter is an appropriate one for settlement in Lok Adalat
2. Any dispute at pre-litigative stageThe State Legal Services Authority or District Legal Services Authority or Taluk Legal Services Committee as the case may be on receipt of an application from any one of the parties to any pre-litigation stage matter refer such matter to the Lok Adalat for amicable settlement.

This authority is continuously approaching to organize Lok Adalats in Revenue Courts also.

In this process under direction of Hon’ble Executive Chairman RSLSA .Mega Lok Adalat was organized successfully in the month of June 2012 in Revenue Board Ajmer.In which —Cases were settled through Lok Adalat which is very much encouraging sign.

Revenue Cases may also be settled through Lok Adalat.Because Pending of Revenue Cases results in generating Crimes.

However, so far applications for Legal Aid have not been filled.This is one area in which more Legal Awareness is needed.

In the Districts also District Collectors were appraised about Lok Adalat and in some Distt. Lok Adalat were held during Ratri Chopals and cases settled through Lok Adalat which also need to be encouraged.

The other type of Lok Adalat is the Permanent Lok Adalat. It is organized under Section 22-B of The Legal Services Authorities Act, 1987. Permanent Lok Adalats have been set up as permanent bodies with a Chairman and two members for providing compulsory pre-litigative mechanism for conciliation and settlement of cases relating to Public Utility Services like transport, postal, telegraph etc. Here, even if the parties fail to reach to a settlement, the Permanent Lok Adalat gets jurisdiction to decide the dispute, provided, the dispute does not relate to any offence. Further, the Award of the Permanent Lok Adalat is final and binding on all the parties.

The jurisdiction of the Permanent Lok Adalats is upto Rs. one Crore . Here if the parties fail to reach to a settlement, the Permanent Lok Adalat has the jurisdiction to decide the case.

The award of the Permanent Lok Adalat is final and binding upon the parties. The Lok Adalat may conduct the proceedings in such a manner as it considers appropriate, taking into account the circumstances of the case, wishes of the parties like requests to hear oral statements, speedy settlement of dispute etc.

PLA Jaipur