Lok Adalat Is Meant For Conciliated Settlement Of Disputes, Not For Orders On Merits: J&K High Court Directs Training Of Judicial Officers
The Jammu and Kashmir High Court held that Lok Adalats have no adjudicatory powers; they can only record settlements between willing parties. The court stated that if a compromise is not reached, the case must be referred back to the appropriate court.The court noted that the impugned award passed by the CJM in the Lok Adalat did not mention any settlement between the parties, and the...
The Jammu and Kashmir High Court held that Lok Adalats have no adjudicatory powers; they can only record settlements between willing parties. The court stated that if a compromise is not reached, the case must be referred back to the appropriate court.
The court noted that the impugned award passed by the CJM in the Lok Adalat did not mention any settlement between the parties, and the record suggested that the order had been passed on merits, which is beyond its jurisdiction.
A bench of Justice Vinod Chatterji Koul observed that when a Judicial Officer fails to comply with the Regulations of 2009 for conducting Lok Adalats and passes incorrect orders, as in the present case, the judicial academy is required to conduct training programs to educate Judicial Officers on holding and conducting Lok Adalats and making them aware of the applicable laws.
The court directed the Registrar Judicial to submit a copy of the judgment to the Chief Justice for conducting the necessary training of Judicial Officers in the proper conduct of Lok Adalats to prevent similar situations from arising in the future.
The court took note of Section 13 of the National Legal Services Authority (Lok Adalats) Regulations, 2009, which states that Lok Adalats act as statutory conciliators and have no judicial role. The court emphasized that the provisions clearly state that a Lok Adalat shall not determine a reference on its own but must do so only in accordance with a settlement or compromise voluntarily reached by the disputing parties.
BACKGROUND:
The respondent filed a pre-litigation application before the Chief Judicial Magistrate (CJM), Handwara, claiming that his house was damaged due to the diversion of traffic via a link road. The Executive Engineer (R&B) Division, Handwara, responded, stating that the house was at a reasonable distance from the link road and was unlikely to have sustained any damage. The matter was referred to the National Lok Adalat, which passed an order directing compensation without any recorded settlement between the parties.
The Executive Engineer (R&B) challenged the Lok Adalat's order before the instant court, arguing that it exceeded its jurisdiction since there was no compromise between the parties.
The court agreed with the petitioner that the Lok Adalat had exceeded its mandate by passing an award on merits without recording a compromise or settlement between the parties. The court quashed the Lok Adalat's order and directed judicial training for Judicial Officers on the proper conduct of Lok Adalats.
APPEARANCE:
Adv. Jehangir A Dar FOR PETITIONERS
None for Respondents
Case-Title: Executive Engineer And Ors. Vs Ghulam Mohideen Tantray, 2025 Livelaw(JKL)
