The main legal point established in the judgment is the need for expeditious disposal of claim cases and the utilization of Lok adalats to reduce pendency, in accordance with the provisions of the Legal Services Act, 1987.

JUDGMENT

Prithviraj K. Chavan, J. - Heard learned Counsel for the parties.

2. Learned Counsel for the appellants has tendered copies of compilations to the learned Counsel for respondent-Union of India.

3. By consent of the learned Counsel for the parties, the appeals shall be heard together finally at the stage of admission on 25th January, 2022.

4. While dealing with these appeals, learned Counsel Mr. G.J Mohan Rao, President of the Railway Claims Tribunal Bar association, Bombay seeks indulgence of this Court in bringing to the notice a huge pendency of appeals in this Court as well as pendency of claim applications before the Railway Claims Tribunals, inter alia, requesting this Court to issue appropriate directions to the concerned Legal Services authority in consonance with object and reasons of the Legal Services authorities act, 1987. Mr Rao would submit that it is expedient to hold periodical Lok adalats so that substantial number of appeals can be disposed off and justice in real sense can be imparted to the litigants.

5. Mr. Balasaheb Deshmukh, learned Counsel, mainly practicing before the Railway Claims Tribunal, has brought to the notice of this Court a communication dated 16th November, 2020 by Government of India, Ministry of Railways (Railway Board). Communication was addressed to Principal Chief Commercial Managers, all India Railways on the subject of claims cases to be settled through National Lok adalats. The said communication speaks for itself, as extracted below;

" Railways Claims Tribunal (RCT) have been making all efforts to clear pending claim cases expeditiously. In spite of best efforts by RCT/PB, there is high pendency of claim cases in various Benches of the RCT (Total cases pending as on 30.09.2020 is 26395). It is reiterated that Indian Railway is incurring huge expenditure in the form of interest due to long pendency of claim cases in RCT Benches. This is a loss to Railway exchequer which can be avoided through expeditious disposal of claim cases.

2. In this regard, it has been observed that a large number of claim cases can be decided through Lok adalat. The constitution of Lok adalats is provided for in Section 19 (Chapter VI) of the Legal Services act, 1987. Section 20 of this act deals with the type of cases for which cognizance can be taken by the Lok adalat as per which the cases of summary nature are settled in the Lok adalat. The pre-requisite for settlement of cases at Lok adalat is the agreement between the applicant (Claimant) and respondent (Railways).

3. It may be stated that in response to RCT's letter dated 22.01.2018, Railway Board vide letter dated 05.03.2018 (copy enclosed), had issued instructions to RCT/PB and CCOs of Zonal Railways explaining the category of cases which can be disposed through Lok adalat. Following this, Mumbai, Lucknow, Bhopal, ahmedabad and Gorakhpur Benches were able to dispose off cases through Lok adalats. However, not all the Zonal Railways perused the matter with force and the subject did not receive the amount of attention which was needed to make this entire exercise successful on a large scale.

4. Justice K.S. ahluwalia, Hon'ble Chairman, Railway Claims Tribunal, has now desired that Lok adalats be organized as early as possible to dispose off cases that can be decided through this mechanism to reduce pendency. To work out the modalities for conducting the proposed National Level Lok adalat by all Benches of RCT at all India level, a three Member Committee was constituted by RCT/PB for the purpose of laying down guidelines and the Report of the Committee has been accepted by the Chairman/RCT which is being circulated to all Benches of RCT.

5. Board desire that Zonal Railways may take necessary steps and assist Railway Claims Tribunal in holding Lok adalats in the month of December, 2020. The types cases which may be listed in the Lok adalats and the processes/guidelines for identifying the same are given in the Report of the Committee (copy encloses). PCMS