National Lok Adalat Field Visit Report

Field Visit Report
(National Lok Adalat , February 18, 20**)
FACULTY OF LAW
LAW CENTRE – II
Submitted To : Submitted By:
Assistant Professor : H******** S******
Ms. Sumiti Ahuja Roll No – 1*****
Law Centre-II ,
Faculty Of Law
University Of Delhi

INDEX
Contents Page No.
I- Declaration 2
II- Acknowledgement 3
III- Particulars Of Visit 4
IV- Purpose Of Lok Adalat Visit 5
V- Introduction Of Lok Adalat 6
VI- Proceedings Observed 12
VII-Conclusion 17
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DECLARATION
This declaration is made regarding the Lok Adalat Field Visit Report which has been
prepared and drafted by H****** S****** under the supervision of Assistant Professor Ms.
Sumiti A*** It contains the work accomplished during the Lok Adalat visi which was
assigned during the course of VIth semester. This work was done in respect of the partial
fulfillment of the requirement for the award of degree of LL.B.
This Lok Adalat report has not been submitted either in whole or in part to any other Law
University or affiliated Institute under University of Delhi, recognized by the Bar Council of
India for the award of any law degree or diploma within the territory of India.
H****** S**** Dated: April 27, 2018
Roll No -14****
Year-III, Semester- VI
Law Centre-II (Faculty Of law)
University Of Delhi.
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ACKNOWLEDGEMENT
I find an opportunity to place on record my warm gratitude towards (Dr.) V.K.Ahuja
Associate Professor In Charge Law Centre-II, University of Delhi, Assistant Prof. Sumiti
Ahuja & Vikesh Tripathi our respected teachers to encourage us to perform our duty during
Lok Adalat visit.I gained a detailed and useful experience for the purpose of Lok Adalat visit
as well as for profession of advocacy in near future. I would like to pay my sincere gratitude
towards Miss. Sumiti Ahuja & Dr. Vikesh Tripathi , our respected professor’s for arranging
court visit to District Court Karkardooma for the purpose of understanding the
organization and functioning of the Lok Adalat.
Saddam Husain
Place: New Delhi Dated: April 27, 2018
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PARTICULARS OF VISIT
VENUE OF LOK ADALAT : Karkardooma District Court
DATE OF LOK ADALAT : 10th
February, 2018
MENTORING TEACHER : Ms. Sumiti Ahuja
TIME : 10:00 AM to 1:00 PM
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PURPOSE OF LOK ADALAT VISIT
( 10th February 2018)
The purpose of visit was to understand the working of a court, the nature of duties of the
Judicial Officers in the matters of Lok Adalat and also to observe how the concept of
conciliated settlement of dispute in the traditional Indian culture in the form of Nyaya
Panchayats and Gram Panchayats led to introduction of Lok Adalats which added a new
chapter to the justice dispensation system of the country and that how it provides a
supplementary forum to the victims for satisfactory settlement of their disputes.
The visit helped me understand the actual functioning and coordination taking place in the
Lok Adalat and that how it was beneficial to the people considering the advantages that came
along and also the disadvantages the parties had to face due to certain errors on the part of the
court.
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INTRODUCTION OF LOK ADALAT
 Lok Adalats in India:
ADR has been an integral part of our historical past. Like the zero, the concept of Lok Adalat
(Peoples' Court) is an innovative Indian contribution to the world jurisprudence. The
institution of Lok Adalat in India, as the very name suggests,means, People's Court. "Lok"
stands for "people" and the vernacular meaning of the term "Adalat" is the court. India has a
long tradition and history of such methods being practiced in the society at grass roots level.
These are called panchayat and in the legal terminology, these are called arbitration. These
are widely used in India for resolution of disputes both commercial and non-commercial.
Other alternative methods being used are Lok Adalat (People'sCourt), where justice is
dispensed summarily without too much emphasis on legal technicalities. It has been proved
to be a very effective alternative to litigation. The ancient concept of settlement of dispute
through mediation, negotiation or through arbitral process known as "Peoples' Court verdict"
or decision of "Nyaya-Panch" is conceptualized and institutionalized in the philosophy of
Lok Adalat.Some people equate Lok Adalat to conciliation or mediation; some treat it with
negotiations and arbitration. Those who find it different from all these, call it"Peoples'
Court". It involves people who are directly or indirectly affected by dispute resolution. The
salient features of this form of dispute resolution are participation, accommodation, fairness,
expectation, voluntariness, neighborliness, transparency, efficiency and lack of animosity.
The concept of Lok Adalats was pushed back into oblivion in last few centuries before
independence and particularly during the British regime. Now, this concept has, once again,
been rejuvenated. It has, once again, become very popular and familiar amongst litigants.
This is the system which has deep roots in Indian legal history and its close allegiance to the
culture and perception of justice in Indian ethos. Experience has shown that it is one of the
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very efficient and important ADRs and most suited to the Indian environment, culture and
societal interests. Camps of Lok Adalats were started initially in Gujarat in March 1982 and
now it has been extended throughout the Country. The evolution of this movement was a part
of the strategy to relieve heavy burden on the Courts with pending cases and to give relief to
the litigants who were in queue to get justice. The first Lok Adalat was held on March 14,
1982 at Junagarhin Gujarat the land of Mahatma Gandhi. Lok Adalats have been very
successful in settlement of motor accident claim cases, matrimonial/family disputes,
labor disputes, and disputes relating to public services such as telephone, electricity, bank
recovery cases and so on.Some statistics may give us a feeling of tremendous satisfaction and
encouragement. Up to the middle of last year (2004), more than 200,000 Lok Adalats have
been held and therein more than16 million cases have been settled, half of which were motor
accident claim cases. More than one billion US dollars were distributed by way of
compensation to those who had suffered accidents. 6.7million Persons have benefited through
legal aid and advice.
 Legislation pertaining to Lok Adalats:
The advent of Legal Services Authorities Act, 1987 gave a statutory status to Lok Adalats,
pursuant to the constitutional mandate in Article 39-A of the Constitution of India, contains
various provisions for settlement of disputes through Lok Adalat. It is an Act to constitute
legal services authorities to provide free and competent legal services to the weaker sections
of the society to ensure that opportunities for securing justice are not denied to any citizen by
reason of economic or other disabilities, and to organize Lok Adalats to secure that the
operation of the legal system promotes justice on a basis of equal opportunity. Even before
the enforcement of the Act, the concept of Lok Adalat has been getting wide acceptance as
People's Courts as the very name signifies. Settlement of disputes at the hands of
Panchayat Heads or tribal heads was in vogue since ancient times. When statutory
recognition had been given to Lok Adalat, it was specifically provided that the award passed
by the Lok Adalat formulating the terms of compromise will have the force of decree of a
court which can be executed as a civil court decree.
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 Procedure at Lok Adalat:
The procedure followed at a Lok Adalat is very simple and shorn of almost all legal
formalism and rituals. The Lok Adalat is presided over by a sitting or retired judicial officer
as the chairman, with two other members, usually a lawyer and asocial worker. It is revealed
by experience that in Lok Adalats it is easier to settle money claims since in most such cases
the quantum alone may be in dispute. Thus the motor accident compensation claim cases are
brought before the Lok Adalat and a number of cases were disposed of in each Lok Adalat.
One important condition is that both parties in dispute should agree for settlement through
Lok Adalat and abide by its decision. A Lok Adalat has the jurisdiction to settle, by way of
effecting compromise between the parties, any matter which may be pending before any
court, as well as matters at pre-litigate stage i.e. disputes which have not yet been formally
instituted in any Court of Law. Such matters may be civil or criminal in nature, but any
matter relating to an offence not compoundable under any law cannot be decided by the Lok
Adalat even if the parties involved therein agree to settle the same. Lok Adalats can take
cognizance of matters involving not only those persons who are entitled to avail free legal
services but of all other persons also, be they women, men, or children and even institutions.
Anyone, or more of the parties to a dispute can move an application to the court where their
matter may be pending, or even at pre-litigate stage, for such matter being taken up in the
Lok Adalat whereupon the Lok Adalat Bench constituted for the purpose shall attempt to
resolve the dispute by helping the parties to arrive at an amicable solution and once it is
successful in doing so, the award passed by it shall be final which has as much force as a
decree of a Civil Court obtained after due contest.
 3FinalityofLokAdalataward:
One issue which raises its head often is the finality of the award of the Lok Adalat. During
the Lok Adalat, the parties agree to abide by the decision of the judge at the Lok
Adalat. However, it is often seen that later, the same order is challenged on several grounds.
In one of the recent decisions, the Supreme Court of India has once again laid to rest all such
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doubts. In unequivocal terms, the Court has held that award of the Lok Adalat is as good as
the decree of a Court.The award of the Lok Adalat is fictionally deemed to be decrees of
Court and therefore the courts have all the powers in relation thereto as it has in relation to a
decree passed by itself. This includes the powers to extend time in appropriate cases. The
award passed by the Lok Adalat is the decision of the court itself though arrived at by the
simpler method of conciliation instead of the process of arguments in court.
 Consent of Parties:
The most important factor to be considered while deciding the cases at the Lok Adalat is the
consent of both the parties. It can not be forced on any party that the matter has to be decided
by the Lok Adalat. However, once the parties agree that the matter has to be decided by the
Lok Adalat, then any party cannot walk away from the decision of the Lok Adalat. In several
instances, the Supreme Court has held that if there was no consent the award of the
Lok Adalat is not executable and also if the parties fail to agree to get the dispute resolved
through Lok Adalat,the regular litigation process remains open for the contesting parties. The
Supreme Court has also held that compromise implies some element of accommodation on
each side. It is not apt to describe it as total surrender. A compromise is always bilateral and
means mutual adjustment. Settlement is termination of legal proceedings by mutual
consent. If no compromise or settlement is or could be arrived at, no order can be passed
by the Lok Adalat.
 Benefits of Lok Adalat:
The benefits that litigants derive through the Lok Adalats are many.# First, there is no court
fee and even if the case is already filed in the regular court, the fee paid will be refunded if
the dispute is settled at the Lok Adalat.# Second, there is no strict application of the
procedural laws and the Evidence Act while assessing the merits of the claim by the
Lok Adalat. The parties to the disputes though represented by their advocate can interact with
the Lok Adalat judge directly and explain their stand in the dispute and the reasons therefore,
which is not possible in a regular court of law.# Third, disputes can be brought before the Lok
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Adalat directly instead of going to a regular court first and then to the Lok Adalat.? Fourthly,
the decision of the Lok Adalat is binding on the parties to the dispute and its order is
capable of execution through legal process. No appeal lies against the order of the Lok Adalat
whereas in the regular law courts there is always a scope to appeal to the higher forum on the
decision of the trial court, which causes delay in the settlement of the dispute finally. The
reason being that in a regular court, decisions that of the court but in Lok Adalat it is mutual
settlement and hence no case for appeal will arise. In every respect the scheme of Lok Adalat
is a boon to the litigant public, where they can get their disputes settled fast and free of cost.#
Last but not the least, faster and inexpensive remedy with legal status.The system has
received laurels from the parties involved in particular and the public and the legal
functionaries, in general. It also helps in emergence of jurisprudence of peace in the larger
interest of justice and wider sections of society. Its process is voluntary and works on the
principle that both parties to thedisputes are willing to sort out their disputes by amicable
solutions. Through this mechanism, disputes can be settled in a simpler, quicker and cost-
effective way at all the three stages i.e. pre-litigation, pending-litigation and post-litigation.
Overall effect of the scheme of the Lok Adalat is that the parties to the disputes sitacross the
table and sort out their disputes by way of conciliation in presence of the Lok Adalat Judges,
who would be guiding them on technical legal aspects of the controversies. The scheme also
helps the overburdened Court to alleviate the burden of arrears of cases and as the award
becomes final and binding on both the parties, no appeals filed in the Appellate Court and, as
such, the burden of the Appellate Court in hierarchy is also reduced. The scheme is not only
helpful to the parties, but also to the overburdened Courts to achieve the constitutional goal of
speedy disposal of the cases. About 90% of the cases filed in the developed countries are
settled mutually by conciliation, mediation etc. and, as such, only 10% of the cases are
decided by the Courts there. In our country, which is developing, has unlike the developed
countries, number of Judges disproportionate to the cases filed and, hence, to alleviate the
accumulation of cases, the Lok Adalat is the need of the day.
· The Cases take taken up during the National Lok Adalat –
 Plea Bargaining,
 Compoundable Traffic Challans
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 Compoundable MCD Challans
 All the Plea Bargaining Matters Except Traffic Courts,
 Labour Disputes and Service Matters
 Criminal matters
 Electricity and Water Disputes
 All Mahila Court Matters
 NBT Walk in Challans
 Matter related to S-138 of Negotiable Instrument Act
A Lok Adalat may take cognizance of cases, as per Section 20 of the Legal Services
Authority Act where:
(I) (a) the parties thereof agree; or
(b) one of the parties thereof makes an application to the court for referring the case to the
Lok Adalat for settlement and if such court is prima facie satisfied that there are chances of
such settlement; or
(II) the court is satisfied that the matter is an appropriate one to be taken cognizance of by the
Lok Adalat, the court shall refer the case to the Lok Adalat :
Provided that no case shall be referred to the Lok Adalat by such court except after giving a
reasonable opportunity of being heard to the parties.
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PROCEEDINGS OBSERVED
 Cause List is produced below:
Sl No. CASE TITLED U/s
01 State V/s Mr. X 133 Cr. PC
02 State V/s Ms. Y 145 Cr. PC
03 State V/s Mr. & Mr. 145 Cr. PC
04 State V/s Mr. & Ors 133 Cr. PC
05 State V/s Mr. & Mr. 145 Cr. PC
06 State V/s Mr. & Ors 133 Cr. PC
07 State V/s Mr. 133 Cr. PC
08 COS Mr. COS matter (Stamping)
Brief discussions on the cases considered by the Lok-Adalat are as follows:
1.State V/s Mr. X, Under Section 133 Cr. PC: It is a matter of causing obstruction/ nuisance by
putting Generator at bake lane of the said property on the public pathway carrying nuisance to
the community. The case was lingering on for years so to settle it, the case was taken up on
Lok Adalat. No party appeared during the stipulated time in Lok Adalat, so it was
decided by the Lak Adalat bench that the matter cannot be decided in the Lok Adalat in
the absence of the parties. So the case was referred back to the Court of MM
(Karkardooma) to be taken up in the regular hearing.
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2.State V/s Mr. X, Under Section 145 Cr. PC: The proceeding in the present case was instituted
in 2015 on receipt of a Kalandra U/s 145 Cr. PC from Police Station (Laxmi Nagar), wherein
they reported a dispute over the possession of a property between aforesaid parties. In this
regard, a preliminary order U/s 145 Cr. PC was passed by the MM Karkardooma with the
direction to appear before the court of MM Karkardooma and file written statement of their
respective claims as respects the fact of actual possession of the subject of dispute and further
to put in documents or to adduce evidence of such possession as they reply upon in support of
such claim. The matter was taken up for Settlement in the Lok Adalat on 10/02/2018: husband
of Mrs. Appeared but, other three persons did not appear. In the absence of remaining parties
the case could not settled in the Lok Adalat. So it was decided by the Lak Adalat bench that
the matter cannot be decided in the Lok Adalat. The case was referred back MM Karkardooma
court for the regular hearing.
3.State V/s Mr. X, Under Section 145 Cr. PC: The proceeding in the present case was instituted
in 2013 on receipt of a Kalandra U/s 145 Cr. PC from Police, wherein they reported a dispute
over the possession of a basement of property. In this regard, a preliminary order U/s 145 Cr.
PC was passed by the MM Karkardooma with the direction to appear before the court of
undersigned and file written statement of their respective claims as respects the fact of actual
possession of the subject of dispute and further to put in documents or to adduce evidence of
such possession as they reply upon in support of such claim. The matter was taken up for
hearing on several occasions. It was placed before the Lok Adalat bench 10/02/2018 for
settlement but no one appeared from both side. So it was decided by the bench that the
matter cannot be settled in the Lok Adalat without appearance of parties. So the was
referred back to the Court for the regular hearing.
4.State V/s, Mr. X, Under Section 133 Cr. PC: the proceedings in the present case were
instituted in 2002 on receipt of a complaint regarding unhygienic and hazardous conditions
created by the ‘CAL an NGO’ in Ekta Apartments, which was received from President,
Residents Welfare Association, E-Block, DDA Laxmi Nagar, New Delhi. The matter was
taken up for hearing on several occasions. It was placed before the Lok Adalat Bench on
10/02/2018. On the said date, the current President, Ex. President, Present General Secretary
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& Mr. Rahul Tiwari Joint Secretary (Present) for the RWA, Laxmi Nagar, New Delhi. No one
appeared for Sh. P. K. of NGO. The RWA informed that Sh. P. K. had expired & his wife was
not running the NGO. They also stated that lack of hygiene by the NGO & related problems
still persisted. In view of the facts of the matter, Lok Adalat Bench decided that as the second
party is not represented today, the matter cannot be decided in the Lok Adalat. The case was
referred back to the court of MM Karkardooma to take up in the regular hearing and also that
SDMC be made a party & fresh report be called from the local Police.
5. State V/s Mr. X & Mr. Y, Under Section 145 Cr. PC: The proceeding in the present case
was instituted in 2006 on receipt of a Kalandra U/s 145 Cr. PC from Police Station
(Ambedkar Nagar), wherein they reported a dispute over the possession of a property
between aforesaid parties. In this regard, a preliminary order U/s 145 Cr. PC was passed by
the SDM (Hauz Khas) with the direction to appear before the court of MM Karkardooma and
file written statement of their respective claims as respects the fact of actual possession of the
subject of dispute further to put in document or to adduce evidence of such possession as they
reply upon in support of such claim. The matter was taken up for hearing on several
occasions. It was placed before the Lok Adalat bench 10/02/2018 for settlement but no one
appeared from both side. So it was decided by the bench that the matter cannot be
settled in the Lok Adalat without appearance of parties. So the was referred back to the
Court of MM Karkardooma for the regular hearing.
6. State V/s Mr. X, Under Section 133 Cr. PC: the proceedings in the present case were
instituted in 2013 on receipt of an application U/s 133 Cr. PC, 1973 for the removal and
stopping of nuisance permanently at and around the Dhalao Ghar No. 14/4, CSC Complex,
New Delhi. The matter was taken up for hearing on several occasions. For settlement of the
issue it was taken up in the Lok Adalat on 12/11/2016. On the said date Sh Y. and Sh. Z
employees of Sh. X. They stated that problem of garbage outside the Dhalao has been
resolved on submitted photographs in support of this statement. Report of local police has
also come, wherein they also reported that no nuisance found there. In keeping view this
development Lok Adalat bench decided that the above parties shall file affidavits within
a week alongwith current photographs of the Dhalao. Subject to the submission of this
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affidavit matter shall be finally disposed off. Else it will stand refer back to the MM
Karkardooma Court.
7. State V/s Mr.X, Under Section 133 Cr. PC: It is a matter of causing obstruction/ nuisance by
putting Generator at back lane of the suit property on the public pathway leading to nuisance
for public, It was taken up in Lok Adalat for settlement to the satisfaction of both parties. But
no one appeared from each side. So bench of Lak Adalat referred the case back to the
MM Karkardooma Court to take up for the regular hearing.
8. Collector of Stamp matter: It is a matter of proper stamp duty on compulsorily registratable
document under the Registration Act. An instrument “Lease Deed” between Mrs. W/o Late
Mr. R/o and Mr. S/o Mr. R/o was impounded, as prima facie the documents/instruments did
not appear to have been registered and due stamp duty did not appear to have been paid
under the Indian Stamp Act, 1899. In this regard, notices were issued to concerned for final
settlement. Matter was taken up in the Lok Adalat on 10/02/2018. Sh. Appeared on behalf of
Mrs., his mother. He has submitted that the lease deed has became infructuous as lessee has
vacated the premises within 08 months & went to other locality. The suite premises have
been now given to other tenant with whom they have entered into fresh lease of 11 month.
He submitted affidavit to this effect alongwith copies of the fresh lease before the bench. In
view of these facts & circumstances of the case the bench decided to close the case
without imposing any stamp duty or penalty.
Final summary of disposal of cases under the National Lok Adalat in District
Court Karkardooma office was as under:
S.
No.
U/S Case called for
hearing
Case heard Disposed off.
1. 133 Cr. PC 04 02 01
2. 145 Cr. PC 03 01 Nil
3. COS 01 01 01
Total 08 04 02
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Observation During Visit Of Lok Adalat:
There are various issues which raised during Lok Adalat proceedings but One issue which
raises its head often is the finality of the award of the the parties which agrees to abide by
the decision of the judge at the Lok Adalat. The award passed by the Lok Adalat is the
decision of the court itself though arrived at by the simpler method of conciliation instead of
the process of arguments in court.
The most important factor to be considered while deciding the cases at the Lok Adalat is the
consent of both the parties. It cannot be forced on any party that the matter has to be
decided by the Lok Adalat. However, once the parties agree that the matter has to be decided
by the Lok Adalat, then any party cannot walk away from the decision of the Lok Adalat.
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The benefits that litigants derive through the Lok Adalats are many.
1 ) No Court Fee -There is no Court fee and if Court fee is already paid the amount will be
refunded if the dispute is settled at Lok Adalat according to the rules.
2) Procedural Flexibility and Speedy trial -The basic features of Lok Adalat are the
procedural flexibility and speedy trial of the disputes. There is no strict application of
procedural laws like Civil Procedure Code and Evidence Act while accessing the claim by
Lok Adalat.
3) Directly interaction with the Judge -The parties to the dispute can directly interact with
the Judge through their Counsel which is not possible in Regular Courts of Law.
4) Award of Lok Adalat -The award by the Lok Adalat is binding on the parties and it has
the status of a decree of a Civil Court and it is non- appealable which does not cause the
delay in the settlement of disputes finally.
Lok Adalats are boon to the litigating public, they can get their disputes settled fast and free
of cost amicably.
CONCLUSION
The Lok Adalat proceedings were very conducive to seeking amicable resolution to disputes
and saved the parties the cost of litigation. While a similar conducive environment is
provided for in mediation, Lok Adalat proceedings are a lot quicker, saving parties the
emotional and social travails of a prolonged mediation proceeding.
We must remember that the Lok Adalats are not substitutes for existing courts. Lok Adalat
lends itself to easy settlement of money claims; there is scope for other disputes as well.
Partition suits damages and matrimonial cases can be easily settled before Lok Adalat as the
scope for compromise through an approach of give and take is high in these cases. In Lok
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Adalat justice is dispensed summarily without too much emphasis on legal technicalities. It
has to be a very effective alternative to litigation. Lok Adalat is a boon to the litigant public,
where they can get their dispute settled faster and at free of cost. Experience has shown that
it’s one of the efficient and important ADR and most suited to the Indian environment, culture
and social interests. Objective of Lok Adalat is to settle the disputes which are pending before
the courts, by negotiations, conciliation and by adopting persuasive common sense and
human approach to the problems of the disputants. The large population of India and the
illiterate masses have found the regular dispensation of justice through regular courts very
cumbersome and ineffective. The special condition prevailing in the Indian society and due to
economic structure, highly sensitized legal service is required which is efficacious for the
poor and the ignorant masses. The Lok Adalat movement is no more an experiment in India.
It’s now a success and needs to be replicated in certain matters. It properly, thoughtfully, and
wisely constituted,
Lok Adalats can become an additional arm of existing judicial institution, and moreover, if
the process of accumulation of arrears is reversed and there is less burdening, its qualitative
performance can improve.
In the end, Lok Adalats are a very welcome alternative to conflict resolution given the burden
of pending cases on the Indian judiciary and can help people seek permanent agreeable
solutions to disputes. The only evident shortcoming of Lok Adalats as of now is the attitude
of the parties and the cultural momentum in favour of litigation, which will hopefully be
cured with time.
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