Lok Adalat Award Not Appealable, Writ Petition Maintainable Only On Very Limited Grounds: Allahabad HC [Read Order]
Lok Adalat can be challenged only in writ jurisdiction under Article 226 and/or 227 of the Constitution of India, and that too on very limited grounds, the Bench observed.
The Lucknow Bench of Allahabad High Court has held that the award rendered by the Lok Adalat is not appealable and writ petition under Article 226 and/or 227 of the Constitution of India, against the award is maintainable on very limited grounds.
In this case, the wife had approached the high court, by filing an appeal against a compromise divorce decree passed by Lok Adalat, contending that procedure laid down in the Family Courts Act, 1984 and Legal Services Authority Act, 1987 were not followed.
The bench comprising of Justice Ajai Lamba and Justice Anant Kumar observed that provisions of Section 21(2) of the Legal Services Authority Act, 1987 clearly specifies that no appeal lie against any such award at the instance of either of the parties, and the award shall be binding on all the parties to the dispute. “In the face of such specific provision in the Act of 1987 under which the award has been passed, we have no hesitation in holding that an award rendered by a Lok Adalat is not amenable to appellate jurisdiction,” the bench said.
Advocate Upendra Nath Misra, amicus curiae appointed in the case, suggested that every award made by a Lok Adalat shall be final and binding on all the parties to the dispute and no appeal shall lie to any court against the award.
Dismissing the appeal, the bench said: “In view of the law laid down in Jalour Singh’s case (supra) by three Hon’ble Judges of the Hon’ble Supreme court of India and later judgment passed in Bharvagi’s case (supra), we hold that an award rendered by a Lok Adalat can be challenged only in writ jurisdiction under Article 226 and/or 227 of the Constitution of India, and that too on very limited grounds.”
The bench has referred to a judgment delivered by the Supreme court last year, wherein it had held that the award of Lok Adalat can be challenged only by filing a writ petition under Article 226/227 of the Constitution of India and that civil suit seeking such remedy was not maintainable.Read the Order Here