The court emphasized the powers and jurisdiction of Permanent Lok Adalats in settling disputes related to public utility services, highlighting the finality and binding nature of their awards.

Shiv Kumar Sharma, J.-In the instant matters that were taken up for final disposal with the consent of learned counsel for the parties, the petitioners sought to quash the award dated April 2, 2003 of the Permanent Lok Adalat Tonk, made under Sub-section (8) of Section 22 C of the Legal Services Authorities Act, 1987 (for short the Act) whereby the Municipal Council Tonk was directed to discontinue the operation of slaughter house situated near Jaipur- Kota National High-Way No. 12.

2. The Lok Adalats constituted under Chapter VI of the Act, can settle disputes only on the basis of compromise or settlement between the parties. If the parties do not arrive at a settlement, or compromise, the case is either returned to the court of law or the parties are advised to seek remedy in a court of law, This caused unnecessary delay in dispensation ofjustice. The framers of Law therefore decided to amend the Act by inserting a new Chapter VI-A to set up Permanent Lok Adalats to provide compulsory pre-litigative mechanism for conciliation and settlement of cases relating to ‘Public Utility Service’. Under the new scheme, the Permanent Lok Adalat will in the first instance, try to bring about conciliation between the parties and in case the parties are not able to arrive at settlement the Permanent Lok Adalat shall proceed to dispose of the matter on merits. The special feature of the amendments to the Legal Services Authorities (Amendment) Act 2002 are -

(i) It seeks to provide compulsory pre-litigative mechanism for conciliation and settlement of cases relating to public utility services.

(ii) Thepublic utility services like transport of passengers or goods by air, road or water, postal, telegraph or telephonic service, supply of power and water to the public, public conservancy or sanitation, hospitals and insurance have been brought within the purview of the Permanent Lok Adalats.

(iii) After an application is filed by any party before the Permanent Lok Adalat for settlement, no party shall invoke jurisdiction of any Court or Tribunal.

(iv) ThePermanent Lok Adalat conduct the conciliation proceedings in such a manner as it considers appropriate taking into account the circumstances of the case, the wishes of the parties including any request for oral hearing. The Lok Adalat shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute. Where it appears to Lok Adalat that there exists an element of settlement which may be acceptable to the parties, it shall formulate the terms of a possible settlement and submit them to the parties for their observations. After receiving observations from the parties, it may formulate the terms of a possible settlement in the light of such observations.

(v) In case the parties are not able to arrive at any compromise or settlement, the Lok Adalat shall proceed to dispose of the case on merits if it does not relate to an offence. The Lok Adalat while determnining the case on merits shall be guided by the principles ot natural justice, objectively, fair play, equity and other principles.

(vi) The Lok Adalat shall have the requisite powers to speciir its own procedure for determination of any dispute coming before it.

(vii) Award made by Permanent Lok Adalats shall be final, binding and shall not be questioned in any original suit, application, or adjudication proceedings.

(viii) The award shall be deemed to be a decree of civil court.

(ix) Monetary jurisdiction of Permanent Lok Adalats fixed at Rs. 10 lakhs with power conferred on the Government to revise it from time to time.

(x) Permanent Lok Adalat will comprise a chairperson with judicial experience and two other persons having adequate experience in public utility services.

3. The importance of the amendment lies in promoting welfare of the society by enabling the people to approach Lok Adalats. The amendment attempts to remove the helplessness of a consumer which he faces in