FIELD VISIT REPORT 2023

REPORT ON LOK ADALAT

TIS HAZARI COURT , FEBRUARY 11, 2023.

NAME - KAILASHI SHARMA

CLASS ROLL NO. - 2
EXAM ROLL NO. - 180297
SECTION - F
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1- INTRODUCTION OF LOK ADALAT

Lok Adalat is one of the alternative dispute redressal mechanisms, it is a forum where
disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised
amicably. Lok Adalats have been given statutory status under the Legal Services Authorities
Act, 1987. Under the said Act, the award (decision) made by the Lok Adalats is deemed to be
a decree of a civil court and is final and binding on all parties and no appeal against such an
award lies before any court of law. If the parties are not satisfied with the award of the Lok
Adalat though there is no provision for an appeal against such an award, but they are free to
initiate litigation by approaching the court of appropriate jurisdiction by filing a case by
following the required procedure, in exercise of their right to litigate.

The first Lok Adalat was started in Gujarat in March 1982 and soon spread to a whole
country. When the Legal Service Authority Act, of 1987 was enacted it gives it a lawful
power to Lok Adalat in accordance with Article 39-A of the Indian Constitution. The act is
said to provide free legal service to weaker sections of society and ensure that justice is not
denied by any of its citizens

There is no court fee payable when a matter is filed in a Lok Adalat. If a matter pending in
the court of law is referred to the Lok Adalat and is settled subsequently, the court fee originally
paid in the court on the complaints/petition is also refunded back to the parties.

2- WHAT YOU OBSERVED ON THE LOK ADALAT DAY

I observed following thing:
a- fast decision.
b-welfare of concerned party.
c-Nature of dispute.
d-proceeding of the lok adalat

A. FAST DECISION :
It serves as a very effective system among plaintiffs. This system is among the most
suitable methods for the Indian environment culture and social interest. Lok Adalat while
listening to any case before it under Legal Service Authority Act,1987 shall deal with matters
with utmost sincerity too, arrive at a compromise or settlement between the parties, and shall
be guided by the principle of justice, fair play, and other legal principles.
As I had seen in Lok Adalat ,judicial officer are concerned to give forgiveness to alleged
party sothat they will not repeat such conduct for which they are here. Advices were given to
him like don’t drive - fast , without helmet, negligently, in wrong side, don’t jump red light
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ask him to pay which is nominal and matter finished forever.

The procedural laws and the Evidence Act are not strictly applied whilst the Lok Adalat
assesses the merits of the claim

B-WELFARE OF CONCERNED PARTY

JUDICIAL OFFICER was not giving a high penalty in terms of money. As I was present
in the bench of alok Shukla releated to traffic offences, he did not impose fine above 500
INR.Normally he gave 200 rs fine in between 5 to 8 challan. He imposed 500 INR to
KARAMVEER SINGH because he had not NO POLLUTION CERTIFICATE. Another case
was of TARIQ AZIZ, who work in eye spectacles, fined 100 INR because his relative from
Rajasthan jumped red light in Delhi. Rahul Mittal who was driving wrong side fined 100 and
asked him no to do again. Mohd. Abrar fined 100 INR for fast driving. Subodh singh parked
his vehicle in No Parking Zone ., his fined was waived off by J.O. and no. of cases were like
this and fine was 100 or 200.
In DEVANSHI JANMEJA, METRO POLITIAN MAGISTRATE WEST -02 Room no. 360,
A case of Father and Son dispute in which father asked that both of us does not want live
together because his son Mohit is extravagant person . son also said not to live with father,
J.O. said until partition happen have to live together .

In FAHAD UDDIN Room No. 255

Bank debt matters were heared. In cases where loan became NPA, J.O. settled the matter at
reasonable amout by reducing interest rate.
Some other relief to party

• First, there is no court fee and even if the case has already been brought before the
regular court, the fee paid will be reimbursed if the dispute is settled at the Adalat Lok.
• the parties to the disputes can engage directly with the judge of Lok Adalat and clarify
their role in the dispute and hence the reasons which are not possible in a normal court
of law.

C- Nature of Dispute
Compoundable civil, revenue, and criminal cases, Motor accident compensation claims
cases, Partition Claims, and Damages Cases, Matrimonial and family disputes, Mutation of
lands cases, Land Pitta's cases, Bonded Labour cases, Land acquisition disputes, Bank's
unpaid loan cases, Arrears of retirement benefits cases, Family Court cases, Cases, which are
not subjudice.
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D- Proceeding of LOK ADALAT

At a Lok Adalat, the process followed is very basic and shorn from almost all legal
formalism and rituals. As I seen some cases, party was present and some cases party not
preset and their challan was submitted by their lawyer.
A Lok Adalat has the authority to resolve all matters which may be pending before any
court by way of agreement between the parties, as well as pre-litigative matters. Such matters
may be of a civil or criminal nature, but the Lok Adalat cannot decide any matter relating to
an offense which is not compoundable under any law, even if the parties concerned agree to
settle the same.

3- Legal regulation or status of lok adalat

Lok Adalats have been given statutory status under the Legal Services Authorities
Act, 1987. Under the said Act, the award (decision) made by the Lok Adalats is deemed to be
a decree of a civil court and is final and binding on all parties and no appeal against such an
award lies before any court of law.
This Act constitutes legal service authorities to provide free legal services to the weaker
sections of the society according to Article 39 A of the Indian Constitution. The strict rule of
Civil Procedural Court and evidence is not applicable in Lok Adalat and the discussions and
decisions are informal.

4- Permanent Lok Adalat and how it different from Lok Adalat

(Section- 22 B)
Indian Parliament bought certain amendments in Legal Service Authority Act,1987 in
2002 by standardizing Lok Adalat into a permanent body that settles disputes related to
essential public services. Central or State authorities may organize Lok Adalat by issuing
notifications by determining issues connected to essential public services.
The Lok Adalat has jurisdiction to attend any case that is pending before a court of law,
and cases that are likely to be filed before the court of law. The Permanent Lok Adalat has
jurisdiction to attend cases only relating to Public Utility Services such as transport, postal,
telegraph sanitation, banking, education, dispensary, power, light, water, insurance, housing,
and real estate services. The pecuniary jurisdiction of Permanent Lok Adalats has increased
from Rs. 10 lacs to Rs. One crore.
5- What is your opinion of Lok Adalat as a justice delivery system
speedy decision , saving of money as well as time are the main characteristics of lok
adalat.

There is no court fee and if the court fee is already paid the amount will be refunded if the
dispute is settled at Lok Adalat. In other words, it is less expensive.
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The basic features of Lok Adalat are the procedural flexibility and speedy trial of the
disputes. There is no strict application of procedural laws like the Civil Procedure Code and
the Evidence Act while assessing the claim by Lok Adalat.

Parties are free to discuss their differences of opinion without any fear of disclosure before
any law courts.

• However, like every other system, it too suffers from a few limitations.
• Though it is true that “Justice delayed is justice denied”, it is also true that a hurried justice
is justice buried.
• Thus, speedy resolutions must not impair the rights of parties.
• In reality, Judges are pressured to quickly dispose of the cases for political gains, leading
to limited consideration to the parties’ rights and needs.
• Lawyers are sometimes reluctant to refer the matter for settlement in Lok Adala

6 – Do you have any suggestion for improvement of LOK ADALAT SYSTEM?

currently, this mechanism has lost public trust due to lack of resources and skilled manpower,
differences among judges and lawyers and inefficiency along with the lack of consideration of
public sensitivity.

We can improve LOK ADALAT SYSTEM by some following method -

• Legal literacy and legal aid programmes should be provided for the poor and the socially
and economically marginalised societies.
• The remunerations offered from legal service authorities to lawyers should be increased so
that they are encouraged to provide effective legal assistance to the needy.
• Specialists of the concerned disputes can also be incorporated into this mechanism.
• The social workers must be provided with free legal training so that they can help the needy
from being exploited by the lawyers
• In order to regain the public confidence on Lok Adalat, the courts should encourage
mandatory referral to this mechanism so that parties can overcome their prejudice or lack
of understanding of the process.