The finality of Lok Adalat awards under Section 22-E of the Legal Services Authorities Act, 1987 and the importance of providing essential services.

These writ petitions have been filed on the part of Bharat Sanchar Nigam Limited (BSNL). By means of these writ petitions, the writ petitioners challenged the order/s of the Permanent Lok Adalat dated 13.1.2012 in respect of connection/reconnection of the telephone line in the premises of the respondent/s. Under the orders impugned, the Permanent Lok Adalat has given one month time to the writ petitioners to connect/reconnect the telephone line of the respondents, and further directed that in case of failure to comply with the order/s within such period, damages or compensation will be paid for a sum of Rs. 5000/- to the respondent/s in Writ Petition Nos. 13247 of 2012 and 13250 of 2012 and Rs. 3000/- to the respondent in Writ Petition No. 13248 of 2012. The signatories of the orders of the Permanent Lok Adalat are the Chairman and two members.

2. Surprisingly, these writ petitions were filed on 15.3.2012 after expiry of two months from the date of the orders of the Permanent Lok Adalat without complying with any of the directions. It has been contended by the petitioners that there is practical difficulty in giving connection to the respondents. The petitioners have taken three grounds. Firstly, the Company has faced loss to the tune of Rupees Six thousand crores. Secondly, the Company has already decided to reduce the expenditure. Thirdly, there was a construction of National Highway and no land is available for underground cable. It has been specifically said that due to fault committed by the National Highway Authority the underground cable has been damaged. There is no fault on the part of the petitioners. To lay down underground cable, roadside land is to be dug. At number of places the drainage land is also to be dug, for which permission is to be sought from the Nagar Palika and also from the National Highway Authority.

3. We are surprised to see the attitude of the petitioners, being a governmental authority, made for providing the public utility services. Curtailment of expenditure does not necessarily mean curtailment of public utility services by a governmental authority. Question of damages or compensation arose on account of failure to provide service within one month from the date of passing the order. It is well known to us that in case of essential services like electricity, telephone, water supply etc. the Courts are normally granting time for connection/re-connection within 24 hours or if not within 48 hours or if not within 72 hours or maximum within one week from the date of the order. In the present cases, one month period has been given by the Permanent Lok Adalat to the petitioners which, according to us, is more than sufficient. In case of any practical difficulty, it was desirable on the part of a governmental authority to go before the Permanent Lok Adalat for extension of time or for any other purpose. However, neither it has proceeded before the Permanent Lok Adalat for extension of time or for any other purpose nor complied with the order but after expiry of two months from the date of the orders invoked the writ jurisdiction of the High Court.

4. Moreover, under Section 22-E of the Legal Services Authorities Act, 1987 award of the Permanent Lok Adalat is final and shall not be called in question in any original suit, application or execution proceeding, being based on the principles of natural justice, objectivity, fair play and equity and other principles of justice. Though the writ jurisdiction of the High Court may not be treated as of such type of Courts, but on its own wisdom it does not interfere with the decision of the Permanent Lok Adalat unless, of course, an extreme case is available before it that too in relation to decision making process but not the decision, otherwise the scheme of the Permanent Lok Adalat will be frustrated and again the mainstream of the judiciary will be burdened with new type of litigations. The object of making such Permanent Lok Adalat is not on