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VINOD S. BHARDWAJ
Municipal Corporation Patiala Through its Commissioner – Appellant
Versus
Permanent Lok Adalat (Public Utility Services), Patiala – Respondent
JUDGMENT :
VINOD S. BHARDWAJ, J.
1. Challenge in the present petition is to the award dated 09.05.2017 (Annexure P-7) passed by the respondent No.1-Permanent Lok Adalat (Public Utility Services), Patiala, whereby the application No.772 of 2014 instituted by the respondent No.2-applicant was allowed and the petitioner has been directed to refund the difference of amount of Rs.4333/- from the year 1999-2000 to 2011-2012 along with interest @ 8% per annum.
2. Briefly summarized, the case of respondent No.2-applicant is that he is owner in possession of property No.7742/5-1 situated at Desi Mehmandari, Opposite Bus Stand, Patiala. The property in question was assessed to house tax @ Rs.486/- per annum which the respondent No.2- applicant paid till 1996-97. It was averred that the house tax of the property was enhanced in the year 1999-2000 to Rs.8100/- per year which was highly exaggerated and no opportunity of hearing to respondent No.2-applicant was provided in this regard by the House Tax Assessment Committee. Respondent No.2-applicant approached the authorities i.e. Municipal Corporation, Patiala by way of a representation that the property was lying vacant and was never given on rent
A Permanent Lok Adalat cannot entertain disputes if the applicant has previously approached other courts regarding the same matter, as it lacks jurisdiction.
The Permanent Lok Adalat lacks jurisdiction over property disputes not involving public utility services, and awards obtained through fraud are void.
The Permanent Lok Adalat has jurisdiction to entertain and determine disputes relating to public utility services, including pension services, under Section 22C(1) of the Legal Services Authorities A....
Section 22(C) determine jurisdiction of Permanent Lok Adalat and it adumbrate that the Permanent Lok Adalat shall exercise jurisdiction in respect of any matter relating to an offence, which is compo....
The Lok Adalat lacked jurisdiction to entertain property disputes, rendering its Award invalid due to improper consent and unequal distribution of property.
The Permanent Lok Adalat lacks jurisdiction over non-public utility services and its awards are null if not grounded in proper jurisdiction as per the Legal Services Authorities Act.
Lok Adalat has no jurisdiction in the matters of appointment of guardian of a minor as it involves the determination of the welfare of the minor with the proposed guardian, keeping in view various fa....
The court ruled that a Lok Adalat's decision does not meet the requirements for res judicata, allowing the plaintiff’s appeal for specific performance to proceed.
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