FUNCTIONING OF LOK ADALAT

Indian Society being in a State of flux from the point of social

consciousness, an increasing use of law as an instrument for
bringing justice to the problems are increasing in one or other forms
and correspondingly number of litigations are also increasing day by
day.1 In the court, the number of input of the cases is longer than
the number of output i.e. deciding cases. The procedural aspect of
the law plays very important role and is one of the deciding factors
of the case. It may acquit the accused and may also deny the justice
to the aggrieved party if it is not observed by the party concerned.
Therefore, in civil cases it is said that every order/ direction etc. of
court is challengeable as well as appealable, therefore, it is a more
time consuming process and main obstacle in providing the justice
expeditiously.

In the Lok Adalat, there is neither a cumbersome procedural law like

Code of Civil Procedure or Code of Criminal Procedure needed or
recorded and the presence of lawyer is also not necessary. There is
only a single and uniform procedure to all civil and criminal cases.
The procedure is simple, quick, flexible, informal and devoid of all
technicalities and baffling formalities but moulded in consonance
with the exigencies of the situation. Its non-controversial or non-
adverial tendency has some degree of uniformity in approach and
methods in order to ensure the fairness and justice. Its informal
procedure conforming only to the requirements of natural justice,
when the key note is justice rather than law. The working of the
system is although evolving out of the experiences and modified/
amended to fulfil the local needs of the litigants who are coming in
Lok Adalat.

Procedure Before 1992

In the beginning, the system of Lok Adalat was flexible and modified
looking to the local need also by District Legal Ad Committee. About
8 to 10 weeks earlier the date of Lok Adalat was fixed. First of all the
list of cases pending within the court which could be decided in the
Lok Adalat was prepared, occasionally and small synopsis was also
prepared. The list of the pending cases was provided to the
educational institutions to the local bodies including Zila Parishad,
Panchyat Samitis, social institution and also to those who were
interested in the working of the Lok Adalat, under the guidance and
instructions were of judicial officers as and when it was felt
necessary.2 The conciliators who have studied the cases, starts
giving the ideas and points on which compromise can be done and
during this type of discussions the litigants are also heard and they
want to reach on that point. The matter compromised or settled was
to be signed by both the parties.
From 1992, the Lok Adalat has become a regular and permanent
feature for increasing the number of compromising the cases out of
judicial process. The guidelines communicated to all the courts of
Rajasthan, by the Chairman of the Legal Ad Board holding the post
of Judge in Rajasthan High Court for strict compliance.lt also
provided six months programme in advance for holding the Lok
Adalat which is chalked out as well as circulated to the courts as well
as litigants for obtaining the maximum benefits of the Lok Adalat.
The result of each court is analysed after every three months.
On completion of first and second phase the third and important
part of procedure is started to give final shape to the compromise
through Lok Adalat. The procedure generally is set up on lines of
meeting, on hearing and finalised but in special matters the
procedure is to be followed with certain other factors than the
generally settled norms of procedure for Lok Adalat.
Sitting, Motivation as well as Meeting
The Lok Adalat commences its sitting at about 10.00 a.m. and
continues to work up to about 5.30 p.m. with a lunch break of about
an hour from 1.00 to 2.00 p.m. The sittings are held in any place
which is suitable for the Lok Adalat and accommodate the all
persons who are involving in Lok Adalat one way or the other. On
fixed date, the persons concerned are assembled on that place at
the prescribed time.
Hearing
At the time of hearing the Lok Adalat usually accords priority to
disputes as per list when the name of the complainant and
respondents are called for they sit together. When the matter is
called, usually the petitioner is asked to state his problems and
explain the form of relief he is seeking for. He may be assisted by a
lawyer. The presence of lawyer is not necessary but his presence
may be helpful as well as for the satisfaction of the clients. It is a
usual practice to give first opportunity to the complainant and next
opportunity to the respondent to place the facts in respect of their
claims and counter claims when one party finishes, the other party
is allowed to state its view point.
Sometimes the respondent does not attend the Lok Adalat, it is
more than often presumed that either the opposite party has not got
the notice in time or that he has failed to attend the session because
of any other difficulty. In absence of either of the party, the case of
litigants cannot be dealt within Lok Adalat by the committee or
court. In such a situation the help of the members of the Lok Adalat
Committee is sought. Every attempt is made to persuade the absent
party to attend the Lok Adalat. Instances are not lacking when the
one party has appeared before the Lok Adalat on the date fixed for
the hearing and the complainants have themselves failed to do so.

Persuation and Conciliation

The members of the Lok Adalat Committee help to clarify issues and
formulate the proposition for the opposite party to respond after
hearing both parties during which illfeel-ing is avoided and
friendliness promoted, the judge articulates the facts which are
agreed upon. He explains the position of law hearing on the point
and clarifies the doubts of parties in respect of their mutual rights
and duties. At this point, some issues resolve themselves. The judge
used to suggest what they consider as possible causes of action and
ask the parties to com. out with fair settlements accommodating the
just point of view of the opposite side. For compromise the
advocates and social workers take care that interests of neither
party are put on stake and that a graceful settlement is reached. It
is an old saying that judgment is not only to be had but also should
be felt. Therefore, the mediators try their best to set an equilibrium
between the once warring factions and see that the interests of one
party are not sacrificed while safeguarding the interests of the other
one. Both the parties should have the feeling of satisfaction that the.
have been provided full justice. It tries to reach to a graceful
settle.nents.
Compromise
The mediators explain the parties the fact of the Lok Adalat's saving
not only their energy and money but also avoiding the hassels of
witnessing court fees, stamp papers etc. The basic requisite is a
group of compromising persons such as lawyer, social worker,
Panch, Sarpanch, Pradhan etc. This group of conciliators working on
honorary basis help the judge in dealing with the case and setting it
by drawing the parties to a graceful compromise. That is why the
disputed parties prefer this alternative. During this process great
emphasis is laid on the tradition, culture, economic and social
status, social values of the parties because if due weightage is not
given to the economic and social status during the time of
compromise there remains great probability of ego clash which
would definitely result in filing of another suit in the law courts.
The parties are given elaborate counselling which makes everything
crystal clear, for this the help of the people holding eminent social
position is sought. Both the parties alongwith their lawyers are given
full opportunity of larging bare the facts and how they feel about
them, in the presence of such learned and experienced
personalities. The documents of compromise are signed only after a
satisfactory solution is reached otherwise it is postponed till the next
Lok Adalat session. During this time the concerned party can think
over and if feels like setting the case through compromise they
signs the papers without any pressure next time.
Lok Adalat keeps in mind that the problem is solved from its roots. It
is seen that the cases that have been pending since years are
solved within minutes or hours in the Lok Adalat. Actually, what
happens is that most of the cases are filed in momentous impulsive
fits and later on situation becomes so complicated that party can
not even withdraw the cases becuase of problems. Initiating a
compromise means accepting dishonour and yielding an ardent
desire to get rid of the hassels (so Lok Adalats are of seen as boons).
Mentally the parties are ready but they do not voice their feeling as
it would invite shame so when a mediator comes between them
they are saved from 'face saving' situation and a compromise is
brought about.
In criminal matter, the complaint's gravity of injustice, repulsion and
other circumstances like losses which are incurred all those things
are kept in view while making them come to a compromise. In
criminal matters also the parties are also pur-suaded to sink their
differences, forget the past enmity and to create a situation when
they-go out of the Lok Adalat without bitterness in their hearts, in a
spirit of forgive and forget. When such matter is settled they are
made to embrace each other or shake their hands in a cordial
atmosphere before presenting the compromise seeking permission
to compound criminal case in relation to compoundable cases.
In civil suits in which family members are involved, in such cases
moral and ethical pressure is put upon to make compromise.
In Tehsil's Court, the social workers and parties sit at any place
which is suitable to them for deliberations. Such deliberations
generally takes about hours but the disputes requiring serious
deliberations are over and they arrive at a certain conclusion which
is almost unanimous in most of the cases. If the social workers fail to
arrive at a unanimous decision, they place details of the same
before the court which either postpone the hearing of the dispute for
the next session or take a decision on its own initative or authorised
the Chairman to find out a correct solution of the dispute. After
listening to both the sides for some time, they suggest a formula
which is evolved by making a commonsense approach which aims at
a practical solution putting an end to the dispute with little give and
take principles for both the sides.
The Presiding Officer goes on with hearing of other cases even when
the social workers are holding their deliberation in respect of some
disputes at different places in the premises of the court. Thus, two
or three or more disputes are being heard and decided
simultaneously without any difficulties and interruption. The style
and approach adopted by Presiding Officers vary in each case
though in every situation a spirit of friendliness and mood of
compromise prevails. The Presiding Officer has to discard the
traditional approach of judge and has to involve himself deeply in
the dispute. Beyond a point the Presiding Officers push the matter
towards settlement lest the parties should entertain feelings of
coercion and imposition. Nothing is concealed from them nor are
they tricked into arrangements which they do not apt for.
It is seen that social workers express their opinion freely, frankly and
fearlessly, the Presiding Officer also listen to their view point and
conclusions arrived at by them patiently and sometimes provides
them guidance to arrive at a correct decision in the matter. Although
sometimes a little variation here and there as suggested by the
Presiding Officer is made in the decision which is accepted by the
committee also.
If any matter takes unusually longer times than an ticipated, the
same is referred to a special team of mediators for intensive work
with the parties on specific issues. They come back to the Lok Adalat
after a while and in the meantime the matters listed in the orders
and taken up.
More often than not the solution emerges at the instances of the
parties and the Presiding Officer immediately intervens to put it in
writing and seek their confirmation. They are free to seek redress in
court. If they still stand by their agreed solution it is reduced into a
formal statement and signed by the parties. The Presiding Officer
need not sign them though they can, if parties so desire.
In Lok Adalat, cases are decided not only on the basis of rules and
regulations but also on the basis of other values such as moral,
emotional tradition, culture, social values, economic situation etc. In
the process justice reaches upto those places where law becomes
helpless and decisions are delivered into perfect form and at the
same time law also gets place because if decision is illegal it will not
get the legal validity.
The judgment of the final order of the Lok Adalat is written and rest
proceeding is verbally accepted during the judgment, by the parties.
If convener is not a judicial officer himself then it is sent to the court
for the sake of pronouncement of the judgment becuase it is the
court which is empowered for this. The decision of Lok Adalat is then
reduced to writing according to 'Rajinama' by way of consent deed a
document embodying all the main features of the final settlement. It
contains the names of the parties, the main features of the disputed
matter, the quantum of compensation and details of the
expectations, if any, from any or both the parties. In some cases the
Rajinama (consent deed) serves the purpose of an agreement,
particularly in cases of divorce or family settlement and in some
case, it is in the form of a fine compensa-tion/damages imposed
upon the wrong doer in respect of the wrong done to any one of the
parties. Obviously all the consent deeds are signed by both the
parties to a dispute who are identified generally by their counsel or
some reputed counsellor or the members of Lok Adalat Committee.
The Presiding Officers also affix their signature as an attesting
feature to verify the settlement of the dispute.
It is then sent to the court concerned for passing a decree or order.
When consent judgment is passed then decision becomes legally
binding. The decree is binding on both the parites and cannot be
appealed against. However, once they settled in the Lok Adalat they
could not re-open the matter by way of appeal. It is well known that
finality attached to the decisions and awards of several courts or
tribunals in spite of there being no agreement between the parties
to its jurisdiction and the so called finality does not have the effect
of barring judicial review under articles 226,227, 32 or 136 of the
Constitution. If appeal is excluded it should not be regarded as
violating any cherished principle of the legal system.
In criminal cases, the compromise is possible only in certain
offences which are compoundable. As soon as compromise is
finalised by the Lok Adalat and attested by court the result is
aquittal of accused. But in civil cases, the result of compromise is
either dismisal of case or the case is decreed according to
compromise. After that, if any party disobeyed or did not fulfil the
terms and conditions of the decree then other party can file and
execution before the court. In other words, compromise decree is
also executable by the court in the same manner as other.
Sometimes the compromise took place during the execution
proceeding.
The Communication
Only the judgment of Lok Adalat is written and leaving the rest
proceedings to be oral. The entire transition is done in the is taken
to be confirmed one for holding Lok Adalat and it is notified to all
concerned.
Basic list of cases placed before the ensuing Lok Adalat is prepared
through the concerned MACT/Court at least not less than six weeks
prior to the date of Lok Adalat. Such list of cases is made available
to the local officers of the Insurance Company or their advocates for
any request either for inclusion or exclusion of cases shown in the
basic list. In any case the final list is prepared and notified at least
four weeks prior to the date of Lok Adalat and a copy of the final or
confirmed list used to be sent to the local officer of the Insurance
Company and the concerned Divisional Manager and also to the
State Legal Aid Board at Jaipur.
The documents such as Insurance Policy, Covernote, Driving
Licence, Registration Certificate of the vehicle, Route permit. Fitness
Certificate, Post Mortum Report, Injury Report, Disability Certificate,
Discharge Certificate, F.I.R, and Final Report and Charge Sheet,
Salary/Income Certificate, Income Tix Certificate if applicable, age
proof etc. are required in advance. In the absence of complete
documents, the Insurance Companies are not in a position to
dispose off the case. Therefore, all MACT/ concerned courts include
only those cases in the list in which the above documents are
available. In case, the driving licence is not available and in police
challan a finding is recorded that the driver was having a valid
driving licence then that case is included in the list even in the
absence of a driving licence. In case, Insurance Policy or Covernote
is not available and the number and place of the Insurance Policy is
furnished by the claimant, either in the petition or otherwise then
that case is also included in the list even in the absence of a driving
licence and it becomes obligatory for the concerned Insurance
Company to get the fact verified from their own records. It is not
obligatory for the concerned court to furnish copies of the
documents of the officers or advocates of the Insurance Com-
panies. However, files are made available to them to examine and
verify the documents and on the request of the Insurance Company
the court also provides certified copies.
With a view to guard against certain instances of production of fake
documents the insurer takes all possible steps to get documents
verified from their own sources before confirming' the list of cases
prepared to be kept before Lok Adalat or request is placed before
next Lok Adalat so that instances are very few, this does not deter
the insurers from taking positive attitude in settling claims before
Lok Adalat wherever such doubts do not exist.
The claimants, their advocates, representative of Insurance
Companies and their advocates participate in arriving at the
settlement of claims. At least two counsellor (amongst Senior
Advocates/Retired Judges/ Judicial Officers/ Administrative Oiffcers/
Principals of Post Graduate or Degree College and eminent persons
volunteering their services) participate in each bench to arrive at
compromise of claims.
When both the parties, the claimants and Insurance Company agree
to a suggested amount, the claim is considered as compromised and
an agreement form is signed by the both parties and their advocates
who are present. The claimants who had sustained disabilities in the
accident is asked to remain present when their cases are taken by
the Lok Adalat.
On having arrived at a settlement, the concerned MACT/ Court
passes a consent order or award specifying interalia that the
Insurance Company should deposit the amount as agreed to, within
a period of sixty days. In case of failure to deposit/payment of the
amount in the stipulated period interest @ 12% per annum is
payable from the date of payment of the consent order or award.
Conditional settlements, subject to verification of certain
documents, production of documents etc. is not accepted in Lok
Adalat. However, the Insurance Company compromises the claims
subject to financial approval of the senior officer authorised to
sanction the claim amount.
Further, on non-payment of the aforesaid amount within stipulated
period of sixty days of the consent award the con cerned court is at
liberty to issue a Recovery Notice stipulated therein that in case the
amount is not paid within further thirty days, attachment order is
followed. A copy of this notice is also sent to the Regional Manager
of the concerned Insurance Company.4
The Lok Adalat is very successful in cases relating to motor accident
claims cases in Western Rajasthan. The Insurance Company's time is
also saved in contesting the cases and the relief which would be
granted to the litigants after ten years are granted within a period of
one month to six months. The reasonable compensation is given to
the deceased's representatives. The State and the Insurance
Companies are saved from statutory interest of 12% and the
claimants get compensation without any delay.

Table 3.1
Depicts the data with regard to disposal of cases in Lok Adalats of
Motor Accidents Claims in the State, (up to September, 1996)

Claims 1993 1994 1995 1996

Cases of Motor 2975 3960 3269 4397
Accident
Claims
Amount 10.50 16.50 17.01 20.50
awarded in Crore Crore Crore Crore
Motor Accident
Claims

The data with regard to disposal of cases in motor accident claims in

Lok Adalats in Western Rajasthan is provided in Table 3.2.

Lok Adalat of Family Court Cases

An experiment is also made to settle matrimonial disputes through
these adalats. The Family Courts Act of 1984 established Family
Court with a view to promote conciliation and secure speedy
settlement of disputes relating to marriage and family affairs. These
courts are established at five divisional headquarters of the state
namely, Jaipur, Jodhpur, Udaipur, Kota and Ajmer. The disposal of
family matters through Family Courts is a unique concept which on
one hand seeks to provide for a congenial atmosphere for disposal
of such matters while on the other it enjoins upon the Presiding
Officers of these courts to ensure that a matter is compromised. In
the above background, Lok Adalat has got immense capability to
explore possibilities for amicable settlement of family disputes
through conciliation and compromise with the help of public spirited
social workers from different walks of life and especially the women
conciliators hailing from non-government voluntary organisation.
With this object in view, Lok Adalat movement has been successful
in resolving the family disputes through Lok Adalats as the family
disputes are essentially a social problem emanating from
psychological disorder which need to be balanced and treated in a
well equipped Lok Adalat. A psychologist is to be associated if need
be.
The jurisdiction of Family Court related to :'-
(i) matrimonial relief including nullity of marriage, judicial
separation, divorce,restitution of conjugal rights or dec-
laration as to the validity of marriage or as to the
matrimonial status of any person.
(ii) the property of spouses,
(iii) declaration as to the legitimacy of any person,
(iv) guardianship of a person or the custody of any minor,
(v) maintenance, make it obligatory on the part of the Family
Court to endeavour, in the first instance to effect a reconciliation or
a settlement between the parties in a family dispute.5
Lok Adalat in Family Court is organised every Saturday in the court
area and Ceremonial Lok Adalats after six months. No party to a suit
or proceeding before court is entitled, as of right, to be represented
by a legal practitioner. However, the court, may, in the interest of
justice seek assistance of a legal expert as amicus curioe.6
In the initial stage, the Lok Adalat on matrimonial matters could not
yield satisfactory results. The reasons are not far to seek
settlements in such cases which are difficult to be arrived at during
a single sitting. It needs a couple to sit to cool off the tempers of the
parties and it is only when their tempers are cooled down and the
parties are receptive to negotiate so that some meaningful results
can be achieved. In a single sitting, the entire time goes away in
listening to the complaints and grievances of the parties. At first,
compromise talk is arranged between the parties so that they may
express their grievances. The conciliators made vigrous efforts to
redress the grievances of the disputed parties or resolving the
disputes. Sometimes the assistance of relatives of parties are also
needed. The University teachers also are included in counsellor
Benches. Legal Aid Clinic undertakes the responsibility of persuation
for compromise in matrimonial disputes pending in District Court
and Subordinate Courts in Jodhpur. District & Session Judge, Jodhpur
provided a list of pending matrimonial cases. Different groups of law
students were formed and approached the disputed parties at their
door-steps and persuaded them for compromise. Consequently a
good number of cases are settled amicably. As far as possible they
helped to reunite husband and wife, removed their
misunderstanding and persuade them to accept the idea of forgive
and forget by self realisation of mistakes made by both of them. 7
Some pairs were sent to live together by mutual consent in Lok
Adalat. The role of judge is just like a elder person in the family.
During this stage the proceeding is informal and rigid rules of
procedure is not applied.
Table 3.3 Provides the information with regard to the number of
cases disposed off through Lok Adalats in various Family Courts in
Rajasthan.
Table - 33
Number of Cases Disposed off through Lok Adalats in Various Family
Courts

Name of the Family Year Year Year Year

Court 1993 1994 1995 1996
1 Family Court, 111 88 109 109
Jodhpur
| Family Court, 246 146 448 395
Udaipur
| Family Court, 120 270 137 246
Jaipur
| Family Court, 217 57 275 447
Kota
| Family Court, 7 7 314 231
Ajmer
701 568 1283 1428

Lok Adalats of Bank Cases

Public money in crores is in recovery cases pending in the various
courts of the Rajasthan State. Clear cut instructions and delegation
of authority have been received in favour of officers of the
Nationalised Banks at the State/District level requiring them to take
part and settle the cases at the Lok Adalat. There are some
problems in banks mostly related to delay in payment against
defendants. When a suit is filed by the Bank, then on the first date
itself the concerned officer issues process to the defendants by
ordinary post as well as by registered post. If the registered letter
does not return within a month then presumption can be drawn to
the effect that the registered letter containing summons were
delivered to the addressee. Efforts are made that v henever the
process of server goes for the service on the defendants in a case
instituted by the Bank then intimation is given to the Bank, so that
they can depute some person to go with the process server to
expediate the service on the defendants. If the service is not
effected in a reasonable time than if any application for substituted
service is moved by the Bank, then the court accepts that
application liberally. This substitued service is by publication of the
summon in the newspaper. In this connection, if the defendant is
resident of the same district, then summons are got published in
newspaper published in the said district so as to prevent
unnecessary heavy expenses incurred by the Bank in publication of
summons in a newspaper of state level or national level. Ail efforts
are made on behalf of officer to provide all concessions which have
been notified from time to time by the Reserve Bank of India. If the
defendant agrees to pay the amount in a lump sum, just after the
passing of the decree or within one year or so than special
concession is provided by them which depends upon the facts and
circumstances of each case. Actually the concessions are neither
declared nor given at the moment.
Since the suits are pending in various courts in the State to save
time, the bankers are requested to supply lists of pending money
suits not exceeding Rs 25,000/- to the convener of the Lok Adalat
and the Presiding Officer of the concerned court and issue necessary
instructions to their advocates to submit memos to the Lok Adalat
expressing their willingness for compromise. They also authorise
their counsels to sign the compromise memos in such case.
The Lok Adalat issues notice to advocates appearing for the opposite
side to get the consent of the opposite side also for the compromise
in Lok Adalat. The advocates appear on behalf of the defendants in
such cases also motivated by the concerned Lok Adalat Committee
to provide full cooperation in sttlement of bank cases. The convener
of Lok Adalat forwards all papers to the courts concerned to pass
decrees according to the compromise in Lok Adalat and the
concerned court passes decree according to the compromise in Lok
Adalats.
As an experimental measure only simple money suit of the value of
Rs 25,000/- were used to be placed before the Lok Adalat. There is
no rebate so far as principal amount is concerned. Principal amount
means the amount borrowed from banking institution. 20% of the
interest or Rs 2,500/- whichever is less is deducted from the suit
amount. Interest from the date of suit, till date of decree is provided
at the contract rate provided it is a commercial transaction and
otherwise at the rate of 6% per annum. Further interest i. e. interest
from the date of decree till date of realisation is provided @ 6% per
annum. The borrowers pay the decree amount without further
default, the same course is adopted. In the event of committing
default in payment of any two instalments the balance of the decree
amount become payable at once. To avoid legal complications, a
decree is passed for the amount claimed in the suit, but it is
mentioned in the decree that in the event of default in paying the
amount as per the agreement in the Lok Adalat he will not be
entitled of the benefit of the agreement in Lok Adalat.
The decree amount is recovered in six equal half yearly instalments
from the date of the decree. Sometimes, looking to the paying
capacity it is recovered in monthly instalment in Western Rajasthan.
Cases pending since 1975 were decided while 20% rebate was
granted in the Bank interest and 50% rebate in the litigation cost.
The instalment of the loan recovery were made on the spot and the
rest of the amount was to be recovered in 36 instalments.9 Recently,
the Bank authorities have decided to raise the cut off limit of suit
value from Rs 25,000/- to Rs 5,00,000/- for10 quick and on the spot
settlement. The Bank usually refers cases pertaining to IRDP, SUME,
POP, Scavangers, PMRY Schemes etc. Loans are advanced under the
scheme without any guarantee and security.

Lok Adalats of State Insurance and G.P.F. Cases

Looking to the backlog or number of cases of State Insurance, G.P.F
Pension matters and dissatisfaction of the government servants, it
was considered necessary to circulate a wide publicity to all relevant
government servants to attend a camp of Lok Adalat on a particular
date to finalise the pending complaints and if the matter is not
finalised then the next date be fixed for the disposal.
In view of the circulation and information to the disburssing and
drawing authorities the then Lok Adalat camps were held on
29.12.95 for the first time in Bikaner and Jodhpur and results of
these camps were fruitful.11 The matters decided in the camp were
178 out of 212 in Bikaner District and 113 out of 120 in Jodhpur
District which were pending before the department. For the rest of
the matters next date for holding camp was to be
19
intimated and circulated.
Although, this step of the department is appreciable, the
department has to follow up and work sincerely to settle large
number of pre-court cases. Therefore, the Department is to be
directed by the State Government and Legal Aid Board to take up
these matters to save the needy pensioner and other government
employees.

Lok Adalat and Sub-Registrar Office of Registration and Stamps

It is also a happy event that the Lok Adalat is held regularly at the
fag end of the month in Sub-Registrars Office or Registration and
Stamps. However, in low evaluation of the property under
registration, it is found that 5% to 10% penalty is charged by the
Registrar. But there is a rebate of 20% of the total payable amount.
It can be hoped that such disposal on the basis of compromise
would be conducted frequently in view of the demands of district
headquarters to finalise the matter.
Lok Adalat also solves excise cases pertaining to illegal possession
of liquors up to 20 bottles.14 The Consumer Courts and Lok Adalat
and Postal Lok Adalat were also held in Western Rajasthan. The
performance of Lok Adalat in disposing of various cases in Western
Rajasthan is listed in table 3.4

Table - 3.4
Statement of Cases Disposed Off through Lok Adalat in Western
Rajasthan from 1985 to 1996.

Year Balot Bikan Sriga Hanu Jodhp Jaisal

ra er ng- - ur mei
anag mang
ar arh
1985- 1916 2020 - - 1031 -
86
1986- 301 1504 5330 - 2590 -
87
1987- 81 - - - 230 -
88
1988- - - 1294 - 690
89
1989- - 66 7 - 76 -
90
1990- - 105 13 - 112
91
11991- - 170 135 - 142
92
[ 199 135 2155 2173 - 3832 239
2-93
1993- 384 2610 3290 - 7570 169
94
1994- 453 1763 2340 112 4347 280
95
1995- 390 1756 1573 1281 2715 224
96
[1996 783 2260 2554 1699 2174 276

In Western Rajasthan, the programme of Lok Adalat is usually

chalked out well in advance. It faces some difficulties on account of
the absence of clients at the time of hearing. Persuasion method is
needed. The procedure of the Lok Adalat is veiy simple. Money and
labour of both the parties is saved. It brings out graceful
compromise between the parties. The decision of Lok Adalat are
arrived keeping in view of moral, social and cultural values of the
area and that is why it is more succeessful in rural areas. While
alluring the clients, the advocates adopt pressure tactics and it
smacks that in the end pressure, not the persuasion, is at work.
Lok Adalat is very successful in cases relating to motor vehicle
accident claim cases, the reason is immediate financial gains to the
parties and to those who bring the clients to the Lok Adalat. Family
Courts also working satisfactorily at Jodhpur. There is a popular
demand that more and more such facilities are made available in
major districts of Rajasthan. It is not successful in the cases relating
to Banks, the reasons is that the clients have to pay the principal
amount and the interest accumulated thereupon. From the survey it
appears that the compouned interest is doubled the principal
amount loaned to the clients. Therefore, clients are not interested in
coming to the Lok Adalat. Besides the instalment of recovery is fixed
so heavy that it is beyond the capacity of the clients to pay it.
In Insurance, G.P.Fund and Pension matters, the retired employees
find the Lok Adalat very attractive. The Government responds to the
Lok Adalat speedily and cases are settled without loss of time. In the
sale of land and property of values of the land and property is
amicably settled in the Lok Adalat and Lok Adalat is holding its
sitting regularly every month. It will lesser the burden of the court of
Registrar, Land and Valuation.