The High Court on Monday ruled that functions of a Lok Adalat relate purely to conciliation and cannot be adjudicatory or judicial.
“The Lok Adalats determine a reference on the basis of the settlement and compromise between the parties and puts its seal of confirmation by making an award in terms of the settlement and the compromise,” a bench of Justice M K Hanjura said, while allowing a petition by Chief Engineer R&B Kashmir and other officers against two orders of Chief Judicial Magistrate Handwara as Chairman Tehsil Legal Services Committee.
The petitioners contended that the Chairman did not seek their consent before referring the case to Lok Adalat saying he was bound to do it under Section 19 of the J&K Legal Services Authorities Act 1997.
“In the instant case no reference has been made for placing the matter before the Lok Adalat nor has any Award been passed,” the court said.
The Court said the two orders challenged in the instant petition have been passed after hearing the parties for the adjudication of the case and the Act does not contemplate or require any adjudicatory judicial determination but non adjudicatory determination based on compromise and settlement arrived by the parties.
Observing that the application for the settlement of the case at pre litigation stage in the petition was filed by the respondents before the Chairman Legal Services Authority, the court said the Chairman in terms of law was required to seek the consent of both the parties for referring the matter to the Lok Adalat.
The Court said the Chairman of the Lok Adalat had not recorded any order to state that the matter was to be referred to the Lok Adalat and no opportunity, as envisaged under Section 19 of the Act, was given to the petitioners.
“The CJM, has imposed his views in the order without there being any settlement or compromise,” court said.
“He has recorded the order in such a fashion and manner as if he had to pass a final judgment in a case. In framing the first order, he has taken refuge under the documents that were produced before him by the respondents without recording any settlement or compromise,” the court added.
Setting orders of the CJM aside, the court said: “Respondents’ claim shall revive for its consideration in accordance with the law.”
The petitioners had challanged orders dated 29-03-2017 and 25-05-2017 passed by the CJM Handwara as Chairman Tehsil Legal Services Committee Handwara on the grounds that despite it that the parties did not arrive at any settlement, the Chairman without any jurisdiction, determined the issue by assuming unto himself the powers of a Civil Court.
They submitted that in terms of the section 18(4) of the J&K Legal Services Authorities Act 1997, the jurisdiction of the Lok Adalat is limited to the extent of seeking a settlement or compromise between the parties and not to determine the issue on evidence or merit.
The petitioners pleaded that the Chairman had to restrict himself to the mandate of the Act saying he should not have considered and concluded the case on the basis of the documents, which, allegedly, indicated that the amount of Rs 33 lakh was due to the applicants and directed for its release.
The petitioners were represented by deputy advocate general Q R Shamus.