Lok Adalat
6 months ago
If Lok Adalat passes an award, it is equivalent to a decree of a civil court and it can't be challenged except on limited grounds under Arts 226/227. But on NALSA website it's given that "it doesn't take away the right to litigation", what does that mean?
(I) Does that mean that the parties even after the passing of an award by Lok Adalat based on the mutual consent of parties, if the parties are not satisfied, then they can approach a Civil Court for deciding the dispute on merit? In that case, what will happen to the decree of Lok Adalat? Will it become inoperative?
(ii) In the case of adjudication of an issue by Permanent Lok Adalat on merits, if the parties are not satisfied, can they approach the civil court under their right to Litigation? Also, if the Permanent Lok Adalat decides the dispute based on mutual consent between the parties, can the parties still approach Civil Court under their Right to Litigation?
If a Lok Adalat passes an award based on the mutual consent of the parties, it is considered equivalent to a decree of a civil court. The award of a Lok Adalat is binding on the parties involved, and it can't be challenged on its merits in a civil court. However, it can be challenged on limited grounds under Article 226 (writ jurisdiction) or Article 227 (supervisory jurisdiction) of the Constitution of India.
If the parties are not satisfied with the award of the Lok Adalat though there is no provision for an appeal against such an 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 exercise of their right to litigate. An award passed by Lok Adalat based on a settlement between the parties can be challenged only on violation of the procedure prescribed in section 20 of the Act by filing a petition before the High Court under articles 226 and 227 of the Constitution of India. The award of Permanent Lok Adalat whether made on merit or on settlement shall be final and binding on parties and be deemed to be a decree of a civil court. It shall be executed as if it is a decree of a civil court having jurisdiction in respect of the dispute involved. Every Award made by the Permanent Lok Adalat under the Legal Services Authorities Act, 1987 made either on merit or in terms of a settlement agreement, shall be final and binding on all the parties thereto and no appeal against such an award lies before any court of law as per Section 21(2) of the Legal Services Authority Act, 1987.
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