MUNICIPAL COUNCIL TONK Vs. SERVE SEVA SANSTHAN TONK

JUDGEMENT

(1.) In the instant matters that were taken up for final disposal with the consent of learned counsel for the parties, the petitioners sought to quash the award dated April 2, 2003 of the Permanent Lok Adalat, Tonk, made under sub-section (8) of Section 22-C of the Legal Services Authorities Act, 1987 (for short the Act) whereby the Municipal Council, Tonk was directed to discontinue the operation of slaughter house situated near Jaipur-Kota National Highway No. 12.

(2.) The Lok Adalats constituted under Chapter-VI of the Act, can settle disputes only on the basis of compromise or settlement between the parties. If the parties do not arrive at a settlement or compromise, the case is either returned to the Court of law or the parties are advised to seek remedy in a Court of law. This causes unnecessary delay in dispensation of justice. The framers of law, therefore, decided to amend the Act by inserting a new Chapter VI-A to set up Permanent Lok Adalats to provide compulsory pre-litigative mechanism for conciliation and settlement of cases relating to "Public Utility Service". Under the new scheme, the Permanent Lok Adalat will in the first instance, try to bring about conciliation between the parties and in case the parties are not able to arrive at settlement the Permanent Lok Adalat shall proceed to dispose of the matter on merits. The special feature of the amendments to the Legal Services Authorities (Amendment) Act, 2002 are

(3.) The importance of the amendment lies in promoting welfare of the society by enabling the people to approach Lok Adalats. The amendment attempts to remove the helplessness of a consumer which he faces in the field of public utility services. The might of public bodies which are degenerating into store house of inaction where papers do not move from one desk to another as a matter of duty and responsibility but for extraneous consideration leaving the common man helpless, bewildered and shocked. The malady is becoming so rampant, widespread and deep that the society instead of bothering, complaining and fighting for it, accepting it as part of life. The amendment in these harsh realities appears to be a silver lining which may in course of time succeed in checking the rot.