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2012 Supreme(AP) 1120

High Court of Andhra Pradesh
V. ESWARAIAH & NOUSHAD ALI, JJ.
Chaluvadi Murali Krishna & Another
Versus
District Legal Service Authority, Prakasam District, Ongole, rep. by its 1st Additional District Judge cum Presiding Judge & Others
Writ Petition No. 22717 of 2011
Decided on : 15-11-2012

Advocates Appeared:
For the Petitioners:P.V. Krishnaiah, Kotagiri Sreedhar, Advocates.
For the Respondents:R2 to R14, T. Sreedhar, Advocate.

Headnote:Legal Services Authorities Ad 1987 Sections 19, 20 - Lok Adalat is competent to deal with the dispute in two situations (i) any case pending before any Court; and (ii) any matter, which is falling within the jurisdiction of a Court and is not brought before it. These two situations are different, one relates to a case pending before a Court; and the other where there is no case pending in any Court. In both the situations, Lok Adalat has jurisdiction to determine the dispute; and arrive at a settlement. Section 20 of the Act provides that Lok Adalat can take cognizance of a case in two different situations, in one situation it can take cognizance of any case referred to under Section 19(5)(i) of the Act and in relation to a pending matter on an application made by one of the parties to the dispute; and the other, the Lok Adalat can entertain an application from one of the parties to a dispute referred to in Section 19(5)(ii) of the Act.

Judgment

Noushad Ali, J.

1. Award passed by the District Legal Services Authority, Prakasam District, the 1st respondent herein, dated 18.05.2011 in PLC No.657/2011 in Lok Adalat Case No. 870/2011, resolving the dispute based on the compromise arrived at between the petitioners and respondents 2 and 3 herein, is under challenge in this writ petition.

2. Several cases are coming up before this Court invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India challenging the awards passed by Lok Adalats, though the awards are passed pursuant to the compromise between the parties. In most of the cases the parties are alleging that the awards were thrust on them against their willingness or that awards are obtained by the opposite parties by fraud and coercion. Allegations to the said effect are often made without there being any basis. The parties hardly realize that fraud and coercion are the elements which shall have to be established on the basis of acceptable evidence adduced by the parties in a competent Court of law and the High Court while exercising its power of judicial review under Article 226 of the Constitution does not act as a trial Court or as an appellate Court and review the orders on the mere assertions of a party, however strong they are, and therefore cannot upset the Lok Adalat awards in a routine manner and frustrate the very purpose of the Legal Services Authorities Act. Therefore, we propose to broadly traverse the salient features of the Act and the limitation in maintaining a writ petition against an award of a Lok Adalat.

3. Lok Adalats are constituted as an impetus to the Constitutional Philosophy contained in the Directive Principles of State Policy. The Directive Principles in Part-IV of the Constitution of India contained in Articles 37 to 51-A are declared to be fundamental in the governance of the country and a duty is enjoined upon the State to ensure the operation of the legal system to promote justice on the basis of equal opportunity by providing free Legal Aid, by suitable legislation or schemes or in any other way to ensure that opportunities or securing justice are not denied to any citizen by reason of economic or other disabilities. It is on the touchstone of this principle of governance, Legal Services Authorities Act, 1987 has been enacted. Statutory Authorities are constituted under the Act at the National, State and District level so as to provide for the effective monitoring of Legal Aid Programmes and to supervise the effective implementation of the Legal Aid Schemes. The Statutory support to the Lok Adalats given under the Act would not only reduce the burden of arrears of work in regular Courts, but would also take justice to the doorsteps of the poor and the needy and make justice quicker and less expensive.

4. In order to sustain the credibility of the Authorities, highest Constitutional and Judicial Functionaries are entrusted with the functions under the Act. At the National level, Central Authority is constituted consisting of the Chief Justice of India as the Patron-in-Chief and a serving or retired Judge of the Supreme Court to be nominated by the President of India in consultation with the Chief Justice of India as the Executive Chairman, and other Members possessing the prescribed qualifications to be nominated by the Government of India in consultation with the Chief Justice of India. Similarly, a State Authority is constituted by the Chief Justice of the High Court as the Patron-in-Chief and a serving or retired Judge of the High Court to be nominated by the Governor in consultation with the Chief Justice of the High Court as the Executive Chairman, and other Members possessing the prescribed qualifications to be nominated by the State Government in consultation with the Chief Justice of the High Court. Similarly, a District Legal Services Authority is constituted at the District level with the District Judge as its Chairman and











































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