SHRIMATI Vs. ESTATE OFFICER AND OTHERS

JUDGEMENT

(1.) The petition stands on a short point of what obtains primacy to a decision rendered by Permanent Lok Adalat comprising three members viz: the decision of the minority view of one member being the Chairman was to take effect against the decision of the majority of two members. The award gave effect to the minority view. This is patently illegal in the light of Sec. 22-E(3) of the Legal Services Authority Act which reads as under:

(2.) The order which was put to effect being the view of the Chairman who was in a minority shall be subordinated to the view of the majority. This is patently wrong and set aside. This would mean reversal of the decision of what was given effect and the petitioner will have a right of consideration of the majority view, namely, the petitioner is entitled to allotment as stated in the order of the view of majority.

(3.) The impugned order is set aside and the writ petition is allowed on the above terms. Petition allowed.