HARYANA URBAN DEVELOPMENT AUTHORITY Vs. CHAIRMAN, PERMANENT LOK ADALAT (PUBLIC UTILITY SERVICES) AND ANOTHER

JUDGEMENT

(1.) Haryana Urban Development Authority has filed the instant Letters Patent Appeal against the order dated 7.12.2011, passed by the learned Single Judge dismissing its writ petition (CWP No. 22624 of 2011) for quashing the order dated 25.7.2011 (Annexure P-5) passed by the Permanent Lok Adalat (Public Utility Services), Rohtak. On a petition filed by Neelam (respondent No. 2 herein) under Section 22(A)(b) read with Section 22(c) of the Legal Services Authorities Act, 1987 (hereinafter referred to as 'the Act'), the Permanent Lok Adalat (Public Utility Services) vide its order dated 25.7.2011 directed the appellant to grant permission to respondent No. 2 to mortgage the plot in question within ten days of depositing Rs. 65,576/- (outstanding dues against Bhim Sain, the previous owner of the plot) by her. By the said order, an amount of Rs. 10,000/- was also awarded in favour of respondent No. 2 as compensation to be paid by the appellant on account of forcing her to file the petition before the permanent Lok Adalat because of the carelessness and negligence of the appellant department.

(2.) Learned counsel for the appellant argued that the Permanent Lok Adalat (Public Utility Services), Rohtak, was not competent to deal with the matter, as the Act has not conferred any jurisdiction upon the Permanent Lok Adalat to deal with the matters pertaining to such services. According to the learned counsel, Section 22A(b) of the Act confers jurisdiction on the Permanent Lok Adalat only with respect to the following six services:-

(3.) The appellant is totally ignorant of Notification No. 20/1/2009-4JJ(1) dated 19.5.2009, issued by the Haryana Government, vide which two more services, i. e. Housing and Estates; and Banking and Finance, have been declared to be public utility services for the purpose of the list of services, provided in Section 22A(b) of the Act. The aforesaid Notification was issued, as Section 22A(b) of the Act to provide that 'public utility service shall include any service which the Central Government or the State Government, as the case may be, in the public interest, by notification, declare to be a Public Utility Service for the purposes of this Act. '