SHIV KUMAR SHARMA, J. - (1.) In the instant matters that were taken up for final disposal with the consent of learned counsel for the parties, the petitioners sought to quash the award dated April 2, 2003 of the Permanent Lok Adalat, Tonk, made under sub-section (8) of Section 22-C of the Legal Services Authorities Act, 1987 (for short the Act) whereby the Municipal Council, Tonk was directed to discontinue the operation of slaughter house situated near Jaipur-Kota National Highway No. 12.
(2.) The Lok Adalats constituted under Chapter-VI of the Act, can settle disputes only on the basis of compromise or settlement between the parties. If the parties do not arrive at a settlement or compromise, the case is either returned to the Court of law or the parties are advised to seek remedy in a Court of law. This causes unnecessary delay in dispensation of justice. The framers of law, therefore, decided to amend the Act by inserting a new Chapter VI-A to set up Permanent Lok Adalats to provide compulsory pre-litigative mechanism for conciliation and settlement of cases relating to "Public Utility Service". Under the new scheme, the Permanent Lok Adalat will in the first instance, try to bring about conciliation between the parties and in case the parties are not able to arrive at settlement the Permanent Lok Adalat shall proceed to dispose of the matter on merits. The special feature of the amendments to the Legal Services Authorities (Amendment) Act, 2002 are (i) It seeks to provide compulsory prelitigative mechanism for conciliation and settlement of cases relating to public utility services. (ii) The public utility services like transport of passengers or goods by air, road or water, postal, telegraph or telephonic service, supply of power and water to the public, public conservancy or sanitation, hospitals and insurance have been brought within the purview of the Permanent Lok Adalats. (iii) After an application is filed by any party before the Permanent Lok Adalat for settlement, no party shall invoke jurisdiction of any Court or Tribunal. (iv) The Permanent Lok Adalat conduct the conciliation proceedings in such a manner as it considers appropriate taking into account the circumstances of the case, the wishes of the parties including any request for oral hearing. The Lok Adalat shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute. Where it appears to Lok Adalat that there exists an element of settlement which may be acceptable to the parties, it shall formulate the terms of a possible settlement and submit them to the parties for their observations. After receiving observations from the parties, it may formulate the terms of a possible settlement in the light of such observations. (v) In case the parties are not able to arrive at any compromise or settlement, the Lok Adalat shall proceed to dispose of the case on merits if it does not relate to an offence. The Lok Adalat while determining the case on merits shall be guided by the principles of natural justice, objectively, fair play, equity and other principles. (vi) The Lok Adalat shall have the requisite powers to specify its own procedure for determination of any dispute coming before it. (vii) Award made by Permanent Lok Adalats shall be final, binding and shall not be questioned in any original suit, application, or adjudication proceedings. (viii) The award shall be deemed to be a decree of Civil Court. (ix) Monetary jurisdiction of Permanent Lok Adalats fixed at Rs. 101akhs with power conferred on the Government to revise it from time to time. (x) Permanent Lok Adalat will comprise a chairperson with judicial experience and two other persons having adequate experience in public utility services.
(3.) The importance of the amendment lies in promoting welfare of the society by enabling the people to approach Lok Adalats. The amendment attempts to remove the helplessness of a consumer which he faces in the field of public utility services. The might of public bodies which are degenerating into store house of inaction where papers do not move from one desk to another as a matter of duty and responsibility but for extraneous consideration leaving the common man helpless, bewildered and shocked. The malady is becoming so rampant, widespread and deep that the society instead of bothering, complaining and fighting for it, accepting it as part of life. The amendment in these harsh realities appears to be a silver lining which may in course of time succeed in checking the rot.;