Report on visit to District Legal Services Authority Pune and

Permanent Lok-Adalat Pune on interaction Session (s).

HUTATMA RAJGURU SHIKSHAN PRASARAK MANDAL’S

SARSENAPATI HAMBIRRAO MOHITE LAW COLLEGE RAJGURUNAGAR

Event : Visit of District Legal Services Authority Pune &

Permanent Lok Adalat Pune

Date : 23rd May 2022

Venue : District Court, Shivajinagar, Pune

Student Name: Miss. Supriya Eknath Salve

Guide By : Prof. Rani Chavan Madam

Introduction –

It goes without saying that the backlog of pending cases in the courts of India has
severed the faith of Indian citizens in seeking justice. Instead of waiting in queues for years
and passing on litigation by inheritance, People are inclined either to avoid litigation or to
start resorting to extra-judicial methods. As a measure to restore this faith and encourage
speedy disposal of such myriad of cases, the Judiciary has been actively promoting various
Alternative Dispute Resolution methods.

One such effective method is the concept of “Lok-Adalat.” The literal translation of
the Hindi moniker, Lok-Adalat means, “People’s Court.” The idea of Lok-Adalat was mainly
advocated by Justice P.N Bhagwati, a former Chief Justice of India. Lok-Adalat is India’s
unique form of Alternative Dispute Resolution, which has proven to be a successful
alternative to conventional litigation. It has been given a statutory recognition by the virtue of
the Legal Services Authorities Act, 1987.

The system of Lok-Adalat is based on the principles of Panch Parmeshwar of Gram

Panchayats. Lok-Adalat is a non-adversarial system, whereby mock-courts are held by the
State Authority, District Authority, Supreme Court Legal Services Committee, High Court
Legal Services Committee or Taluka Legal Services Committee. It is a forum where voluntary
efforts are aimed at bringing about settlement of disputes between the parties through
conciliatory and persuasive efforts. This service is provided free of charge to the litigants by
Courts and Central/State government.

Typically, a Lok-Adalat panel is a three-member panel who act as conciliators and are
generally among serving or retired judicial officers, social workers and advocates. Both pre-
litigation and post-litigation efforts are invited by the Lok-Adalat. The Lok-Adalat can deal
with all civil cases: matrimonial disputes, land disputes, property disputes, labour disputes
and compoundable criminal cases. The award made by Lok-Adalat is deemed to be a decree
of a Civil Court and is final binding on all parties. No appeal lies before any court against its
award.

To witness such a session of Lok-Adalat, the students of Hutatma Rajguru Shikshan

Prasarak Mandal’s Sarsenapati Hambirrao Mohite Law College Rajgurunagar under

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the guidance of Prof. Rani Chavhan Madam and Prof. Vasundhara Chaudhari Madam, A Visit
for observation and interaction of District Legal Services Authority and Permanent Lok
Adalat, Pune at District Court, Shivajinagar, Pune organized on 23rd May 2022 with the
objective to gain first-hand experience of the same and develop a deeper sense of
understanding of its functioning in reality. This report is an effort to elaborate on this practical
experience and explain the legal aspects that are linked to it. Wherein 50 Students went to
District Legal Services Authority and Permanent Lok Adalat Pune.

Purpose of visit and interaction –

The purpose of visit was to understand the working of permanent Lok Adalat and
District Legal Services Authority, the nature of duties, functions in the matter of permanent
Lok Adalat and District Legal Service Authority. This Visit helped us to understand the actual
functioning of this institution and that how it is beneficial to the poor people considering the
advantages that came along also the disadvantages the parties had to face du certain error on
the part of the court. The main purpose of visit helped us to understand to practical subject
of Alternative dispute resolution system.

Hon’ble Retd. District Judge J. T. Utpat Sir, chairman of Permanent Lok-Adalat give
us very helpful information of permanent Lok-Adalat system. Permanent Lok Adalat is
conciliation court. This court decided only Pre litigation dispute. The Permanent Lok Adalat
settle dispute which they are related to Public Utility services. This settle dispute is final and
binding on parties because such dispute settle to wilfully by the both parties. Permanent Lok
Adalat settles the dispute and given the award, no appeal provision to this award to the
superior court.

Hon’ble Judge Mr. P. D. Sawant Sir, Secretary District Legal Services Authority Pune
is give us information of functioning of DLSA. He is very helpful person. It very informative
meeting with him.

Observation:

Firstly, we are visited in Permanent Lok Adalat and we met the Chairman Retd.
District Judge Mr. Utpal Sir. Sir, is very cool person. He gives most important information
about Permanent Lok Adalat, which mechanism set up for public utility matters only.

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Permanent Lok Adalat decided only pre litigation matters upto 1 crore. Permanent Lok Adalat,
consist one chairman and two another Member, chairmen also Retd. Judge of District Court.
Chairman and two other persons having adequate experience in public utility service to be
nominated by the central government or as the case may be, the state Government on the
recommendation of the central authority, appointed by the central authority or as the case may
be the state authority, establishing such permanent Lok Adalat and the other terms and
conditions of the appointment of the chairman and the chairman and other persons referred
to in clause 2 (b) of Sec.22B, Shall be such as may be prescribed by the Central Government.

The jurisdiction of Permanent Lok Adalat be invoked only in the Pre litigation stage
and this has to be done by making an application to permanent Lok Adalat for settlement of
issues. The jurisdiction of permanent Lok Adalat does not relate to any non-compoundable
offence or where the value of property in dispute exceeds ten lakhs.

The lok adalat can direct the parties to produce the evidence other than the documents
if the case before it requires the same while conducting a conciliation proceeding. In addition
to this, it must also follow the principles of fair play, natural justice and equity, further, it
should not be bound by the CPC and The Indian evidence Act.

Permanent Lok Adalats have a residuary jurisdiction, in addition to the jurisdiction

enjoyed by the lok adalats, to decide the dispute by virtue of sec.22 of Arbitration and
conciliation Act, even if the parties have failed to resolve the dispute after conciliation.
Permanent Lok Adalats cannot take cognizance of a matter which is already sub Judice in a
court of law.

Secondly, we are visit in District Legal Authority. We met the Secretory Hon’ble
Judge Mr. Sawant Sir, he make us understand that how works and how helpful or the people,
the DLSA and what type of cases can be settled in DLSA, it was very informatics meeting
with Sir. Object of DLSA Pune are following-

1. To critically analyze the need for legal aid.

2. To study the role of legal services authority, courts and law schools.
3. To critically analyze the legal aid work in the court properly.
4. To make a recommendation.

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 There are various steps being taken up the DLSA, Pune for the collective welfare of
society and by the way of that ensuring the loophole in the contemporary world being covered
by the way of legal aid, and certain significant measures taken up by DLSA Pune, which have
worked out in its advantage can be listed as under.

Free legal Aid for Senior citizen in Pune-

In recent times senior citizens have increasingly become victims of harassment in

domestic disputes. DLSA, Pune decided to provide senior citizens with lawyers who can
assist them in civil, domestic or criminal cases.

i) The senior citizen will not have pay even a single penny, as the authority would do the
same depending on how genuine the case is after going through the merits of the same.
ii) DLSA Pune will pay lawyers 1200 per hearing in order to fight these cases.
iii) In addition to all this, lastly it should also be noted that senior citizens are even
exempted from paying the court fee, stamp duty.

The District Legal Services Authority (DLSA) Pune launched Mobile Legal Services
cum Lok Adalat Scheme where a van would be ferried across various areas in Pune District
as part of its ‘‘ Justice at your doorstep’’ campaign. The District Legal Service Authorities
also started programme at the legal Aid Clinic. I.e. legal literacy Legal advice, paralegal
services, socio legal research, Mediation and Negotiation etc.

This will also include programme aimed at improving the current public health
facilities around water healthcare education, family, nutrition, income of governance. A
collaboration through a Memorandum of Understanding (MOU) with the District Legal
Services Authority (DLSA) Pune will allow the school of law to engage in a more effective
and sustainable implementation of ours proposed programmers. Through this MOU we aim
to facilitate better legal representation and implementation of legal schemes for our target
areas.

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Legislative and judicial contribution under law-

The Legal Services Authorities Act pursuant to the constitutional mandate of in Article
39-A of the Constitution of India, contains various provisions for the settlement of disputes
through Lok Adalats. It is an Act to constitute legal service authorities to provide free and
competent legal services to the weaker sections of the society, to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic and other disabilities, and
to organize Lok Adalats to secure that the operation of legal system promotes justice on the
basis of equal opportunity. In the case of Suku Das v. Union Territory of Arunachal Pradesh
it has been held that the failure to provide legal aid to an indigent accused, would vitiate a
trial. It might even result in setting aside and conviction or sentence. Thus, every notion of
fair trial is upheld by this statue.

Realizing the need for more number of Lok Adalats, in 2002, the Parliament amended
the Legal Services Authorities Act and made provisions for establishment of permanent Lok
Adalats for public utility services. Dr. A.S Anand, the former Chief Justice of India had
emphasized upon the idea of establishing a permanent Lok Adalat in all districts in the
country. He, as an Executive Chairman of the National Legal Services Authority (NALSA),
wrote a letter to all Chief Justices of the High Court requesting them to establish Permanent
Lok Adalats at all levels.

In the significant case of Abdul Hassan v. Delhi Vidyut Board the Delhi High Court
also emphasized to the idea of setting up of Permanent Lok Adalats and mentioned that this
should be done not only with the objective to reduce the pendency of matters in Court, but
also in the light of Article 39-A and object of the Act of 1987. Jurisdiction of PLA is confined
only to Public Utility Services and so it cannot dispose of matrimonial dispute being a public
utility services13. In the case of Dinesh Kumar v. Balbir Singh the HighnCourt held that the
Permanent Lok Adalat can only take cognizance of the matter if it is not pending before any
other court. But in the present case, the matter was pending before the Motor Accident Claims
Tribunal and the same could only be referred to Lok Adalat and the same could not be referred
to Permanent Lok Adalat. Thus, the order passed by Permanent Lok Adalat is without
jurisdiction and liable to e set aside.

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 Besides the Legal Services Authorities Act, there have been several other changes in
the law in the recent times and one of the most important being the amendment in the Code
of Civil Procedure. Section 89 of the Code of Civil Procedure as amended in 2002 has opened
scope for introduction of conciliation, mediation and pre-trial settlement methodologies. Once
the model rules framed by the Committee headed by Justice Jagannadha Rao, Chairman, Law
Commission of India under the directions of the Supreme Court of India have been adopted
by the High Courts, there will be need for the funds to be sanctioned to meet the need for
requisite infrastructure and for employment for mediators and conciliators as a part of justice
delivery system.

The salient features of Lok Adalat in the light of judicial pronouncement is as follows:

1. The jurisdiction of Lok Adalat is hedged by the expression ‘to determine and arrive at a
compromise or settlement.’ In Legal Terminology, it connotes that the jurisdiction that
could be exercised by the Lok Adalat but cannot extend to deciding a dispute where one of
the parties is not amendable or agreeable to arrive at a compromise or settlement. In the
case of State of Kerala v. Ernakulum District Legal Services Authority the award was
issued by a Lok Adalat pertaining to a decision to request an investigating officer to do a
particular thing in a particular manner. The Court held that such a request has to be read
only as a command to the investigation officer and not a request. Hence, such award passed
by Lok Adalat is not permissible.

2. However, even without the parties agreeing for a reference of a case to the Lok Adalat and
without any application from any one of the parties for such reference, the Court on its own
motion on being satisfied that the matter is an appropriate one to be taken cognizance by
the Lok Adalat, can be referred to Lok Adalat. But such reference must be made only after
providing a reasonable opportunity of being heard to both the parties. However, in the case
of Commissioner, Karnataka State Public Instructions (Education) Bangalore v.
Henamant the High Court held that when the very reference of the case to the Lok Adalat
is in contravention of the provisions of the Act, as the Court could not have referred the
matter to Lok Adalat when both the parties to the suit had not consented for the matter
being referred to the Lok Adalat.

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3. The Lok Adalat is required to see that it shall with utmost effort on or with settlement of
parties, be guided by the principle of justice, equity and fair play. Every Bench of Lok
Adalat may evolve its own procedure for conducting the proceedings before it and shall
not be bound by either the Code of Civil Procedure, Code of Criminal Procedure of the
Indian Evidence Act.

4. In Sreedharan T v. Sub-Inspector of Police, Baluseery Police Station the High Court

highlighted that the procedure followed by the Lok Adalats and held that the various
provisions contained in the Act also make it clear that the Lok Adalats have no adjudicatory
functions. It cannot pass any independent verdict/order/award arrived at by any decision
making process. It can only persuade the parties to the dispute, by any known methods of
conciliation, mediation etc. and with utmost expedition, to arrive at a compromise or
settlement and determine the case in accordance with bilateral compromise.

5. Whenever a case or matter is settled by Lok Adalat, then it passes the award on the basis
on compromise or agreement between the parties. It was held in P.T Thomas v. Thomas
Job20 that every award of the Lok Adalat shall be deemed to be a decree of the Civil Court.
In the case of Damera Raj Kumar v. Doli Sriniwas the petitioner and the respondent had
compromised the matter outside court. The matter was referred to the Lok Adalat for
recording the compromise and award was made by the Lok Adalat. Such a compromise
was duly signed by the parties and their advocates. The award was challenged on the
grounds that the consent of the petitioner was taken by coercion. The High Court of Andhra
Pradesh ruled that the plea or coercion or obtaining awards by threats predominantly are
questions of fact. On such grounds it cannot be said that compromise arrived at by the
parties at Lok Adalat are vitiated.

6. In Board of Trustees of Port of Vishakhapatnam v. Presiding Officer Permanent Lok-

Adalat-cum-Secretary, District Legal Services Authority, Vishakhapatnam the Court
directed that the award of Lok Adalat cannot be challenged by appeal or even by writ
jurisdiction under Article 226 and observed that the award is enforceable as a decree and
it is final and binding.

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7. The Act does not say anything regarding the manner of execution of award of Lok Adalat.
But the provisions in respect of execution of award are laid down in the Rules made under
the provisions of the Act by the State.

8. Lok Adalat is a unique institution which dispenses justice to the parties to the parties free
of cost. As per Section 21(1) read with Rule 28-A provides that in respect of cases settled
through the medium of Lok Adalat, the Court fees affixed at the time of the institution of
the case shall be refunded in a manner provided under the Court Fees Act, 1870. In Salem
Advocate Bar Association vs. Union of India the Supreme Court directed to State
Government to amend their court fee legislations on the lines of amendments made in
central court fees. The amendment made to refund court fees in cases settled as per Section
89 of CPC.

Conclusion:

On the basis of legislative interpretation of the Legal Services Authorities Act, 1987
and various judicial pronouncements given by the Supreme Court of India and the High Court
it is evident that the Lok Adalat system has been established with the objective to promote
justice on the basis of equal opportunity. However, the objective of the Act shall be met only
if it reaches the grass root levels, meaning, more focus should be shed on access to Lok
Adalats to the rural population. These rural Lok Adalats should especially focus on the
problems likely to be faced by such population which could be disputes pertaining to
agricultural loans, matrimonial disputes, labour issues etc. One such

Suggestion would be the concept of mandatory “public hearing” in the rural set-up
under an institutional set-up which could act as a precursor for a case to be taken up by Lok
Adalat. This idea is inspired by the idea of “Jun Sunwai” programme of contract workers
organized by Mazdoor Kisan Shakti Sangathan.

The idea of these mandatory “Public hearings” is to ascertain whether a case can be
settled by sending an application to the Lok Adalat. These public hearings could have panel
members who are social workers and lawyers who would be able to have a counseling session
with these people before suggesting Lok Adakatas a mode of dispute resolution. The idea is
to exclude judicial officers in such hearings since they are already over-burdened with work.

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Another advantage would be that this public hearing would filter the cases that are referred to
Lok Adalat, which would prevent in wasting time of the Lok Adalat panelists. It is to avoid
frivolous cases from clogging the machinery of Lok Adalat. It would help not in giving these
rural population an opportunity to be heard at their own convenience but also to reduce the
backlog in cases because of the filtering mechanism. Jun Sunwai and Lok Adalat may act as
a double-filter mechanism if used effectively. Also, another suggestion could be a permanent
Lok Adalat set-up for matters of all nature and not limited to Public Utility matters. If Lok
Adalat has proven to be a successful alternative, then a permanent Lok Adalat for all matters
would only prove to be a boon than a bane. In conclusion, it can be said that awareness and
literacy of such efforts such be given a priority by all institutions of the society. For a
progressive society, it is best to ensure that all citizens are aware of the judicial remedies
available to them. And such a convenient dispute resolution mechanism as them should be
given a preference for speedy disposal of cases.

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