PLA can adjudicate on merit but not Lok Adalat
The Legal Services Authorities Act,1987 (LSA Act) refers to two types of Lok Adalats:
- the first is a Lok Adalat constituted under Section 19 of the Act which has no adjudicatory functions or powers and which discharges purely conciliatory functions and
- the second is a Permanent Lok Adalat established under section 22B(1) of LSA Act to exercise jurisdiction in respect of public utility services, having both conciliatory and adjudicatory functions.
The term PLA is improperly used for regular Lok Adalat too
The Supreme Court (SC) in M/S Interglobe Aviation Ltd v N.Satchidanand [2011 (3) KLT 295], says that the term Permanent Lok Adalat (PLA) is being used to describe two different types of Lok Adalats: for a Permanent Lok Adalat established under section 22B(1) of LSA Act, and another for Lok Adalats are constituted under section 19 of LSA Act for regular or continuous sittings (as contrasted from periodical sittings)
PLA should refer only to the one under S.22B
The word Permanent Lok Adalat should refer only to Permanent Lok Adalats established under section 22B(1) of the LSA Act, but not to the Lok Adalats constituted under section 19.
However, in many states, when Lok Adalats are constituted under section 19 of LSA Act for regular or continuous sittings (as contrasted from periodical sittings), they are also called as Permanent Lok Adalats even though they do not have adjudicatory functions.
A previous SC decision on this
In LIC of India v Suresh Kumar [ 2011 (4) SCALE 137], the SC observed: “It is needless to state that Permanent Lok Adalat (organized under section 19 of the Act) has no jurisdiction or authority vested in it to decide any lis, as such, between the parties even where the attempt to arrive at an agreed settlement between the parties has failed”.
The above decision refers to such a `Permanent Lok Adalat’ organized under section 19 of the Act and should not be confused with Permanent Lok Adalats constituted under section 22B(1) of the Act.
Use the term Continuous Lok Adalat
To avoid confusion, the State Legal Services Authorities and the High Courts may ensure that Lok Adalats other than the Permanent Lok Adalats established under section 22B (1) of the Act in regard to public utility services, are not described as Permanent Lok Adalats.
The SC suggests that one way of avoiding the confusion is to refer to the Lok Adalats constituted under section 19 of the LSA Act on a regular or permanent basis as `Continuous Lok Adalats’.
References
- M/S Interglobe Aviation Ltd v Satchidanand [2011 (3) KLT 295]
- LIC of India v Suresh Kumar [ 2011 (4) SCALE 137]
