Jharkhand High Court Declares Permanent Lok Adalat's Order on Land Compensation as Null and Void

High Court clarifies jurisdiction limits under Legal Services Authorities Act, 1987, directing dispute resolution to Principal Civil Court

In a significant judgment, the Jharkhand High Court has declared an order passed by the Permanent Lok Adalat as null and void, stating it had no jurisdiction over disputes concerning land compensation, which do not fall under "public utility services." The court emphasized that Permanent Lok Adalats, established under the Legal Services Authorities Act, 1987, are limited to adjudicating disputes related to public utility services as defined under Section 22-A of the Act.

The case involved an appeal by Nand Kishor Singh against the State of Jharkhand and others, where the appellant sought exclusive disbursement of compensation awarded for land acquired for the widening of NH-23. The dispute initially arose when the appellant and another claimant, Ramdhari Singh, both laid claim to the compensation amount. The Permanent Lok Adalat had previously passed an order on this matter, which was contested as being beyond its jurisdiction.

The High Court bench, comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar, upheld the writ court's decision, which had found that the Permanent Lok Adalat overstepped its authority by adjudicating on a matter exceeding its jurisdictional scope. The bench clarified that such disputes should be directed to the competent authority, defined as the District Land Acquisition Officer, who is responsible for referring the matter to the Principal Civil Court of original jurisdiction.

The court's decision underscores the limitations of Permanent Lok Adalats, confining them to disputes explicitly related to public utility services, such as transport, postal, and electricity services, among others. By directing the parties to approach the competent authority for resolution, the High Court ensured that the legal process aligns with statutory mandates and jurisdictional boundaries.

This ruling not only resolves the ongoing dispute between the co-sharers but also sets a precedent for future cases involving jurisdictional overreach by Permanent Lok Adalats. The court's clarification provides a clear pathway for handling similar disputes, reinforcing the necessity for adherence to legal frameworks established under the Legal Services Authorities Act.

Bottom Line:

Permanent Lok Adalat does not have jurisdiction to adjudicate disputes not falling within the definition of "public utility service" under Section 22-C of the Legal Services Authorities Act, 1987.

Statutory provision(s): Legal Services Authorities Act, 1987 Section 22-C, National Highways Act, 1956 Sections 3(a) and 3H

Nand Kishor Singh v. State of Jharkhand, (Jharkhand)(DB) : Law Finder Doc Id # 2817097