Do Lok Adalats have power to review on merits?
News VERDICTUM, SCC ONLINE, INDIAN KANOON'
The Kerala High Court has clarified that Lok Adalats do not possess the inherent authority to review or adjudicate disputes on their merits under Section 22D of the Legal Services Authorities Act, 1987. This decision underscores that Lok Adalats function primarily as conciliatory bodies, facilitating settlements between parties rather than acting as adjudicatory forums.
Section 22D of the Act specifies that while conducting conciliation proceedings or deciding disputes on merit, Permanent Lok Adalats should be guided by principles of natural justice, objectivity, fair play, and equity, without being bound by the Code of Civil Procedure or the Indian Evidence Act. However, this provision does not grant them the power to review cases on their merits unless both parties have reached a mutual agreement.
This interpretation aligns with previous judgments from other High Courts. For instance, the Telangana High Court emphasized that Lok Adalats lack adjudicatory powers and can only facilitate settlements or compromises between parties. Similarly, the Rajasthan High Court held that Lok Adalats cannot exercise adjudicatory jurisdiction and are limited to passing awards based on mutual agreements.
In summary, the Kerala High Court’s ruling reinforces the principle that Lok Adalats are designed to encourage amicable settlements and do not have the jurisdiction to adjudicate disputes on their merits without mutual consent.
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