CHALUVADI MURALI KRISHNA Vs. DISTRICT LEGAL SERVICE AUTHORITY

JUDGEMENT

(1.) Award passed by the District Legal Services Authority, Prakasam District, the 1st respondent herein, dated 18.05.2011 in PLC No.657/2011 in Lok Adalat Case No.870/2011, resolving the dispute based on the compromise arrived at between the petitioners and respondents 2 and 3 herein, is under challenge in this writ petition.

(2.) Several cases are coming up before this Court invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India challenging the awards passed by Lok Adalats, though the awards are passed pursuant to the compromise between the parties. In most of the cases the parties are alleging that the awards were thrust on them against their willingness or that awards are obtained by the opposite parties by fraud and coercion. Allegations to the said effect are often made without there being any basis. The parties hardly realize that fraud and coercion are the elements which shall have to be established on the basis of acceptable evidence adduced by the parties in a competent Court of law and the High Court while exercising its power of judicial review under Article 226 of the Constitution does not act as a trial Court or as an appellate Court and review the orders on the mere assertions of a party, however strong they are, and therefore cannot upset the Lok Adalat awards in a routine manner and frustrate the very purpose of the Legal Services Authorities Act. Therefore, we propose to broadly traverse the salient features of the Act and the limitation in maintaining a writ petition against an award of a Lok Adalat.

(3.) Lok Adalats are constituted as an impetus to the Constitutional Philosophy contained in the Directive Principles of State Policy. The Directive Principles in Part-IV of the Constitution of India contained in Articles 37 to 51-A are declared to be fundamental in the governance of the country and a duty is enjoined upon the State to ensure the operation of the legal system to promote justice on the basis of equal opportunity by providing free Legal Aid, by suitable legislation or schemes or in any other way to ensure that opportunities or securing justice are not denied to any citizen by reason of economic or other disabilities. It is on the touchstone of this principle of governance, Legal Services Authorities Act, 1987 has been enacted. Statutory Authorities are constituted under the Act at the National, State and District level so as to provide for the effective monitoring of Legal Aid Programmes and to supervise the effective implementation of the Legal Aid Schemes. The Statutory support to the Lok Adalats given under the Act would not only reduce the burden of arrears of work in regular Courts, but would also take justice to the doorsteps of the poor and the needy and make justice quicker and less expensive.