IMPROVEMENT TRUST SANGRUR AND ANR. Vs. YUG DEVI

JUDGEMENT

(1.) Petitioners-Improvement Trust, Sangrur has assailed the award/order dated 28.12.2016 passed by the Permanent Lok Adalat (Public Utility Services) Sangrur, whereby dispute between the parties was decided on merits.

(2.) Learned counsel for the petitioners submitted that the Improvement Trust, Sangrur floated a Scheme in February, 2001 whereby price of plot measuring 150 sq. yards was fixed @ Rs. 5400 per sq. yard. There was draw of lot on 28.06.201 In the meanwhile, prices were enhanced @ Rs. 6000/- per sq. yard with the approval of the competent authority i.e. Government. Allotment letter was issued to the respondent on 18.09.201 The enhanced amount was deposited by the respondent on 10.10.201 Respondent filed an application for refund of the enhanced amount before the Permanent Lok Adalat (Public Utility Services), Sangrur on 14.12015.

(3.) Learned counsel further submitted that on the date of filing of the application, respondent was not the owner of the plot in question. Secondly in view of mandatory requirement of amended provision in terms of Sections 22-C(5) to 22-C(8) of the Legal Services Authorities, Act 1987 (hereinafter to be referred to as 'the Act'), an effort was required to be made by the Permanent Lok Adalat to facilitate an amicable resolution of the dispute between the parties. It was only thereafter, the Permanent Lok Adalat could have decided the issue on merits.