S.N.D.T. Women’s University

Law School
Alternative Dispute Resolution
Subject:- Lok Adalat
Class :- LLB 3rd Year (Semester 5th)
Name :- Pratiksha Tripal Bhagat
Roll No:- 4
Submitted to: Adv. Vibhuti Agarwal

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Index

SR. No. Topic Page No

1 Introduction 3

2 Need and Objectives of Lok Adalat 3

3 Lok Adalats: Origin, Evolution 4

4 Scope of Lok Adalat : 5
5 Composition Lok Adalat and qualification 6
of it members
6 Which Lok adalat to be approached 7

7 Powers of Lok Adalats 8

8 Advantages of Lok Adalats 9

9 Procedure at Lok Adalat: 10

10 Finality of Lok Adalat award 11

12 Level and composition of Lok Adalat 12

13 Permanent Lok Adalat 13-14

14 Difference Between Lok Adalat and 15

Permanent
15 Mobile Lok Adalat 15

16 Conclusion 16

17 Webliography 17

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Introduction
Lok Adalat (People's Court) is one of the Alternative dispute resolution
mechanism in India, it is a forum where cases pending on Panchayats or at pre-
litigation stage in a court of law are settled. They have been given statutory status
under the Legal Services Authorities Act, 1987. Under this Act, the award
(decision) made by the Lok Adalats is deemed to be a case 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), they are free to initiate
litigation by approaching the court of appropriate jurisdiction.
Camps of Lok Adalats were started initially in Gujarat in March 1982 and
now it has been extended throughout the Country. The concept of Lok Adalat
(People’s Court) is an innovative Indian contribution to the world jurisprudence.
The introduction of Lok Adalats added a new chapter to the justice dispensation
system of this country and succeeded in providing a supplementary forum to the
victims for a satisfactory settlement of their disputes. This system is based on
Gandhian principles.
It is one of the components of ADR (Alternative Dispute Resolution)
systems. In ancient times, the disputes were referred to “Panchayats”, which were
established at the village level. Panchayats resolved the disputes through arbitration.
It has proved to be a very effective alternative to litigation.
This concept of the settlement of disputes through mediation, negotiation or
arbitration is conceptualized and institutionalized in the philosophy of Lok Adalat.
It involves people who are directly or indirectly affected by dispute resolution.

Need and Objectives of Lok Adalat :

● One of the objects of the Legal Services Authorities Act 1987 is, to settle
the disputes speedily through Lok Adalat.
● Indian Courts are overburdened with work and it takes years to settle the
disputes before the formal courts.
● As we know that justice delayed is justice denied so need was felt for the
constitution of alternate dispute mechanism to settle the disputes speedily without
following the technicality of formal procedure.
● The Lok Adalat is recognized as one of the alternate dispute resolution
mechanism capable of settling the dispute speedily, cheaply and amicably.
● Object of Lok Adalat is to reduce burden on the Courts so that the problem
of law's delay may be solved and to settle the disputes quickly by counseling and
discussions, etc.

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Lok Adalats: Origin, Evolution
The concept of Lok Adalats was pushed back into oblivion in last few centuries
before independence and particularly during the British regime. Now, this concept
has, once again, been rejuvenated. It has become very popular and familiar amongst
litigants.
This is the system, which has deep roots in Indian legal history and its close
allegiance to the culture and perception of justice in Indian ethos. Experience has
shown that it is one of the very efficient and important ADR mechanisms and most
suited to the Indian environment, culture and societal interests.
The evolution of this movement was a part of the strategy to relieve heavy
burden on the Courts with pending cases and to give relief to the litigants. The first
Lok Adalat was held on March 14, 1982 at Junagarh in Gujarat. Maharashtra
commenced the Lok Nyayalaya in 1984.
The advent of Legal Services Authorities Act, 1987 gave a statutory status
to Lok Adalats, pursuant to the constitutional mandate in Article 39-A of the
Constitution of India. It contains various provisions for settlement of disputes
through Lok Adalat.
This Act mandates constitution of legal services authorities to provide free and
competent legal services to the weaker sections of the society and to ensure that
opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities.
It also mandates organization of Lok Adalats to secure that the operation of the
legal system promotes justice on the basis of equal opportunity. When statutory
recognition had been given to Lok Adalat, it was specifically provided that the
award passed by the Lok Adalat formulating the terms of compromise will have the
force of decree of a court, which can be executed as a civil court decree.
The evolution of movement called Lok Adalat was a part of the strategy to
relieve heavy burden on the Courts with pending cases and to give relief to the
litigants who were in a queue to get justice. It contains various provisions for
settlement of disputes through Lok Adalat.
The parties are not allowed to be represented by the lawyers and encouraged to
interact with judge who helps in arriving at amicable settlement. No fee is paid by
the parties. Strict rule of Civil Procedural Court and evidence is not applied.
Decision is by informal sitting and binding on the parties and no appeal lies against
the order of the Lok Adalat.

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Scope of Lok Adalat :

All legal services authorities can organize Lok Adalats at such intervals and
places and for exercising such jurisdiction and for such areas as it thinks fit. The
scope of Lok Adalat is very wide to include most of the cases pending in the court
and about to come before the court for settlement. The Lok Adalat have no
jurisdiction in cases relating to an offence not compoundable under any law. The
Authority or Committee organizing the Lok Adalat may on receipt of an application
from any one of the parties to matter referred above refer such matter to the Lok
Adalat for determination.

Nature of Cases to be Referred to Lok Adalat

1. Any case pending before any court.
2. Any dispute which has not been brought before any court and is likely to be
filed before the court.
Provided that any matter relating to an offence not compoundable under the
law shall not be settled in Lok Adalat.

Lok Adalats have the competence to deal with a number of cases like:

1. Compoundable civil, revenue and criminal cases

2. Motor accident compensation claims cases
3. Partition Claims
4. Damages Cases
5. Matrimonial and family disputes
6. Mutation of lands case
7. Land Pattas cases
8. Bonded Labor cases
9. Land acquisition disputes
10. Bank’s unpaid loan cases
11. Arrears of retirement benefits cases
12. Family Court cases
13. Cases, which are not subjudice

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Organisation of Lok Adalats :
● According to Sec-19 : Every State Authority or District Authority or SC Legal
Services Committee or HC Legal Services Committee or Taluk Legal Services
Committee
1. may organise Lok Adalats
2. at such intervals and places
3. and for exercising such jurisdiction
4. and for such areas as it thinks fit.

Composition Lok Adalat and qualification of it members :

● Sec-19 :
(2) Every Lok Adalat shall consist of such number of—
(a) serving or retired judicial officers; and
(b) other persons, of the area as specified by the competent Authorities.
(3) The experience and qualifications for Lok Adalats organised by the SC Legal
Services Committee shall be such as may be prescribed by the Central Government
in consultation with the Chief Justice of India.
(4) The experience and qualifications for Lok Adalats organised by other than SC
Legal Services Committee shall be such as may be prescribed by the State
Government in consultation with the Chief Justice of the High Court.

● Qualifications : According to Rules framed under the Act, a person shall not
be qualified to be included in the Lok Adalat unless he is
1. a member of the legal profession
2. or a person of repute who is specially interested in the implementation
of the Legal Services Schemes and Programmes or an eminent social worker who is
engaged in the upliftment of the weaker sections of the society.

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Which Lok Adalat to be Approached
As per section 18(1) of the Act, a Lok Adalat shall have jurisdiction to
determine and to arrive at a compromise or settlement between the parties to a
dispute in respect of -
(1) Any case pending before; or
(2) Any matter which is falling within the jurisdiction of, and is not brought
before, any court for which the Lok Adalat is organized.
Provided that the Lok Adalat shall have no jurisdiction in respect of matters
relating to divorce or matters relating to an offence not compoundable under any
law.

Jurisdiction of Lok Adalats

A Lok Adalat shall have jurisdiction to determine and to arrive at a

compromise or settlement between the parties to a dispute in respect of:
1. any case pending before; or
2. any matter which is falling within the jurisdiction of, and is not brought
before, any court for which the Lok Adalat is organized.
The Lok Adalat can compromise and settle even criminal cases, which are
compoundable under the relevant laws.
The State Legal Services Authority or District Legal Services Authority as the
case may be on receipt of an application from any one of the parties at a per-
litigation stage may refer such matter to the Lok Adalat for amicable settlement of
the dispute for which notice would then be issued to the other party.

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Powers of Lok Adalats

1. The Lok Adalat shall have the powers of a civil court under the Code of
Civil Procedure
2. 1908, while trying a suit, in respect of the following matters:
3. Power to summon and enforce the attendance of any witness and to
examine him/her on oath.
4. Power to enforce the discovery and production of any document.
5. Power to receive evidence on affidavits,
6. Power for requisitioning of any public record or document or copy
thereof or from any court.
7. Such other matters as may be prescribed
8. 8-Every Lok Adalat shall have the power to specify its own procedure
for the determination of any dispute coming before it.
9. All proceedings before a Lok Adalat shall be deemed to be judicial
proceedings within the meaning of Sections 193, 219 and 228 of IPC.

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Advantages of Lok Adalats  
1. No Court Fee - There is no Court fee and if Court fee is already paid the
amount will be refunded if the dispute is settled at Lok Adalat according to the
rules.

2. Procedural Flexibility and Speedy trial - 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 Civil Procedure Code and Evidence Act while
accessing the claim by Lok Adalat.

3. Directly interaction with the Judge - The parties to the dispute can directly
interact with the Judge through their Counsel which is not possible in Regular
Courts of Law.

4. Better understanding by legal + non-legal bench - As bench of Lok

Adalat MAY consist of members from legal AND non-legal background, it is in a
better position to understand the dispute of the parties and convincing them to arrive
at a settlement or compromise. Experience of members from legal background helps
in understanding the fate of the case in the eyes of law and experience of the
members from non-legal background helps in conciliation of parties to settle the
dispute amicably before the Lok Adalat.

5. Expeditious and inexpensive justice - Lok Adalat provides alternative

resolution or devise for expeditious and inexpensive justice. Lok Adalat saves not
only time but also huge expenditure on judicial proceedings in the current judicial
system. It provides quick justice at nominal expenditure to both the parties.

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Procedure at Lok Adalat:

 The procedure followed at a Lok Adalat is very simple and shorn of almost all
legal formalism and rituals. The Lok Adalat is presided over by a sitting or retired
judicial officer as the chairman, with two other members, usually a lawyer and a
social worker. It is revealed by experience that in Lok Adalats it is easier to settle
money claims since in most such cases the quantum alone may be in dispute. Thus
the motor accident compensation claim cases are brought before the Lok Adalat and
a number of cases were disposed of in each Lok Adalat. One important condition is
that both parties in dispute should agree for settlement through Lok Adalat and
abide by its decision. A Lok Adalat has the jurisdiction to settle, by way of effecting
compromise between the parties, any matter which may be pending before any
court, as well as matters at per-litigate stage i.e. disputes which have not yet been
formally instituted in any Court of Law. Such matters may be civil or criminal in
nature, but any matter relating to an offence not compoundable under any law
cannot be decided by the Lok Adalat even if the parties involved therein agree to
settle the same. Lok Adalats can take cognizance of matters involving not only
those persons who are entitled to avail free legal services but of all other persons
also, be they women, men, or children and even institutions. Anyone, or more of the
parties to a dispute can move an application to the court where their matter may be
pending, or even at per-litigative stage, for such matter being taken up in the Lok
Adalat whereupon the Lok Adalat Bench constituted for the purpose shall attempt to
resolve the dispute by helping the parties to arrive at an amicable solution and once
it is successful in doing so, the award passed by it shall be final which has as much
force as a decree of a Civil Court obtained after due contest.

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Finality of Lok Adalat award
One issue which raises its head often is the finality of the award of the Lok
Adalat. During the Lok Adalat, the parties agree to abide by the decision of the
judge at the Lok Adalat. However, it is often seen that later, the same order is
challenged on several grounds. In one of the recent decisions, the Supreme Court of
India has once again laid to rest all such doubts. In unequivocal terms, the Court has
held that award of the Lok Adalat is as good as the decree of a Court. The award of
the Lok Adalat is fictionally deemed to be decrees of Court and therefore the courts
have all the powers in relation thereto as it has in relation to a decree passed by
itself. This, includes the powers to extend time in appropriate cases. The award
passed by the Lok Adalat is the decision of the court itself though arrived at by the
simpler method of conciliation instead of the process of arguments in court.

Consent of Parties
The most important factor to be considered while deciding the cases at the Lok
Adalat is the consent of both the parties. It cannot be forced on any party that the
matter has to be decided by the Lok Adalat. However, once the parties agree that the
matter has to be decided by the Lok Adalat, then any party cannot walk away from
the decision of the Lok Adalat. In several instances, the Supreme Court has held that
if there was no consent the award of the Lok Adalat is not executable and also if the
parties fail to agree to get the dispute resolved through Lok Adalat, the regular
litigation process remains open for the contesting parties.

 
 

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Levels and Composition of Lok Adalats
• At the State Authority Level -
The Member Secretary of the State Legal Services Authority organizing the
Lok Adalat would constitute benches of the Lok Adalat, each bench comprising of a
sitting or retired judge of the High Court or a sitting or retired judicial officer and
any one or both of- a member from the legal profession; a social worker engaged in
the upliftment of the weaker sections and interested in the implementation of legal
services schemes or programmers.
• At High Court Level -
The Secretary of the High Court Legal Services Committee would constitute
benches of the Lok Adalat, each bench comprising of a sitting or retired judge of the
High Court and any one or both of- a member from the legal profession; a social
worker engaged in the upliftment of the weaker sections and interested in the
implementation of legal services schemes or programmes.
• At District Level -
The Secretary of the District Legal Services Authority organizing the Lok
Adalat would constitute benches of the Lok Adalat, each bench comprising of a
sitting or retired judicial officer and any one or both of either a member from the
legal profession; and/or a social worker engaged in the upliftment of the weaker
sections and interested in the implementation of legal services schemes or
programmes or a person engaged in para-legal activities of the area, preferably a
woman.
• At Taluka Level -
The Secretary of the Taluka Legal Services Committee organizing the Lok
Adalat would constitute benches of the Lok Adalat, each bench comprising of a
sitting or retired judicial officer and any one or both of either a member from the
legal profession; and/or a social worker engaged in the upliftment of the weaker
sections and interested in the implementation of legal services schemes or
programmes or a person engaged in para-legal activities of the area, preferably a
woman.
National Lok Adalat
National Level Lok Adalats are held for at regular intervals where on a single
day Lok Adalats are held throughout the country, in all the courts right from the
Supreme Court till the Taluka Levels wherein cases are disposed off in huge
numbers. From February 2015, National Lok Adalats are being held on a specific
subject matter every month.

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Permanent Lok Adalat
In 2002, the Parliament brought about certain amendments to the Legal
Services Authorities Act, 1987 to institutionalize the Lok Adalats by making them a
permanent body to settle the disputes related to public utility services. The Central
or State Authorities may, by notification, establish Permanent Lok Adalats at any
Permanent Lok Adalats, for determining issues in connection to Public Utility
Services.
The other type of Lok Adalat is the Permanent Lok Adalat, organized under
Section 22-B of The Legal Services Authorities Act, 1987. Permanent Lok Adalats
have been set up as permanent bodies with a Chairman and two members for
providing compulsory per-litigative mechanism for conciliation and settlement of
cases relating to Public Utility Services like transport, postal, telegraph etc. Here,
even if the parties fail to reach to a settlement, the Permanent Lok Adalat gets
jurisdiction to decide the dispute, provided, the dispute does not relate to any
offense. Further, the Award of the Permanent Lok Adalat is final and binding on all
the parties. The jurisdiction of the Permanent Lok Adalats is upto Rs. 10 Lakhs.
Here if the parties fail to reach to a settlement, the Permanent Lok Adalat has the
jurisdiction to decide the case. The award of the Permanent Lok Adalat is final and
binding upon the parties. The Lok Adalat may conduct the proceedings in such a
manner as it considers appropriate, taking into account the circumstances of the
case, wishes of the parties like requests to hear oral statements, speedy settlement of
dispute etc.
Basis for Permanent Lok Adalat : Abul Hassan And National Legal vs Delhi
Vidyut Board & Ors - AIR 1999 Delhi 88. The petitioner filed a writ petition before
Delhi High Court for restoration of electricity at his premises, which was
disconnected by the Delhi Vidyut Board (DVB) on account of non-payment of Bill.
● Court Held : His lordship Hon'ble Mr. Justice Anil Dev Singh passed the
order giving directions for setting up of permanent Lok Adalats. Art-39A of the
Constitution provides for equal justice and free legal aid. It is, therefore clear that
the State has been ordained to secure a legal system, which promotes justice on the
basis of equal opportunity. The language of Article-39A is couched in mandatory
terms. This is made more than clear by the use of the twice-occurring word "shall"
in Art-39 A. The legal system, should be able to deliver justice expeditiously on the
basis of equal opportunity and provide free legal aid to secure that opportunities for
securing justice are not denied to any citizens by reasons of economic or other
disabilities. It was in this context that the parliament enacted the Legal Services
Authority Act-1987. The need of the hour is frantically beckoning for setting up
Lok-Adalats on permanent and continuous basis. What we do today will shape our
tomorrow. Lok Adalat is between an ever-burdened Court System and alternative
dispute resolution machinery including an inexpensive and quick dispensation of

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justice. The Lok Adalat and alternative dispute resolution experiment must succeed
otherwise the consequence for an over burdened court system would be disastrous.
The system needs to inhale the life giving oxygen of justice. Above Delhi HC
decision triggered establishment of Permanent Lok Adalats across the nation.

Public Services include:

1. Transport service
2. Postal, telegraph or telephone services
3. Supply of power, light and water to public
4. System of public conservancy or sanitation
5. Insurance services and such other services as notified by the Central or State
Governments
Permanent Lok Adalats have the same powers that are vested in the Lok
Adalats

Benefits of Permanent Lok Adalat :

● Appointment of members from the legal and non-legal background make the
board of adjudicators more efficient for understanding the disputes of parties and
settling their disputes quickly and amicably.

● Permanent Lok Adalat has conciliatory as well as adjudicatory power but

there are enough provisions under the Act to put the check of the arbitrary exercise
of power.

● To save the time in settlement of disputes it need not to follow the formal
procedure but it is bound to follow the principle of natural justice.

● If the arbitrary act or misconduct is proved on the part of the board of

settlement, then they can be removed from the board and the award passed by such
persons will not enjoy the status of finality.

● Therefore, it can be said that the establishment of the Permanent Lok Adalat
is a very useful mechanism for settlement of the public utility services disputes
amicably and quickly.

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Difference Between Lok Adalat and Permanent

No. Permanent Lok Adalat Lok Adalat

1 Permanent Lok-Adalat is Permanent Lok-Adalat is temporary in nature.

in nature.

2 Any Party to a dispute may make an Any party and Legal Service
application to the Permanent Lok- Authority may also refer the
Adalat for settlement of the dispute. dispute to Lok Adalat.

3 Permanent Adalat has jurisdiction in A Lok-Adalat has Jurisdiction to

respect of one or more public utility settle
services as defined in Legal Services ➔Any case pending before ; or
Authority Act. Any matter which is falling within
its Jurisdiction

➔Lok Adalat has no Jurisdiction in

respect an offence which is not
compoundable.

4 Jurisdiction of Permanent Lok In case of the Lok Adalat there is

Adalat is limited to the matter where no such limitation.
the value of the Property in dispute
does not exceed ten lakh rupees.

• Mobile Lok Adalats

These are also organized in various parts of the country which travel from one
location to another to resolve disputes in order to facilitate the resolution of disputes
through this mechanism.
As on 30.09.2015, more than 15.14 lakhs Lok Adalats have been organized in
the country since its inception. More than 8.25 crore cases have been settled by this
mechanism so far.

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• India’s first ever E-Lok Adalat opens in Chhattisgarh
The Chhattisgarh High Court and the State Legal Services Authority organized
the country’s first ever E-Lok Adalat on Saturday (July 11), amid the restricted
judicial functioning owing to Covid-19 outbreak.
The session was inaugurated by the Chief Justice of Chhattisgarh High Court,
Justice P R Ramachandra Menon.
The E-Lok Adalat is cited as the first such attempt in the country.
About 195 benches were constituted at different places of the state, including
remote areas like Sarguja, Kanker, Bastar, Surajpur etc., via video

Conclusion :-
The Legal Services Authorities Act has provided sufficient powers to its
officers engaged in the implementation of provisions of this Act. They have been
given the status of the public servant and the immunity from action for any thing
done in good faith has been provided. It can be said that this Act is a golden gift for
the general public as on one hand it provides free legal aid to needy people and
promoted speedy disposal of disputes on the other hand it also helps the judiciary by
reducing its workload.

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Webliography
• www.wikipedia.org
• https://nalsa.gov.in/lok-adalat
• https://www.legalserviceindia.com/legal/article-1823-lok-adalat-alternative-dispute-
resolution-mechanism-in-india.html 
• https://doj.gov.in/sites/default/files/OJA.pdf 
• https://blog.ipleaders.in/lok-adalats-india-speedy-justice/ 
• https://www.civilsdaily.com/lok-adalats-origin-evolution-jurisdiction-powers/ 
• https://viamediationcentre.org/readnews/MjM5/Origin-and-Powers-of-Lok-Adalat 
• https://districts.ecourts.gov.in/national-lok-adalat-0 

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