TMI Blog2007 (8) TMI 825X X X X Extracts X X X X X X X X Extracts X X X X ..... ek a reference claiming higher compensation. However, some of the land owners who were dis-satisfied with the amount awarded, sought reference to the Civil Court under Section 18 of the Land Acquisition Act (For short hereinafter referred to as L.A. Act ). One such case was LAC 469/00. The Civil Court referred the matter to Lok Adalat. In the Lok Adalat, the award passed by the Land Acquisition Officer was modified and the compensation was enhanced and an award came to be passed on 20.2.2002. On coming to know of the said award where compensation was enhanced, these petitioners who had not sought reference under Section 18 of the L.A. Act, filed applications under Section 28A of the L.A. Act seeking re-determination of the compensation in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... them to the parties for their observations and after receiving the observations of the parties, the Court may reformulate the terms of a possible settlement and refer the same for - (a) arbitration; (b) conciliation; (c) judicial settlement including settlement through Lok Adalat; or (d) mediation. From the aforesaid provision, it is clear when a landlord who is dissatisfied with the amount of compensation awarded, seeks a reference to a civil Court and the civil Court is satisfied that their exists an element of a settlement which may be acceptable to the parties, it is under an obligation to formulate the terms of settlement and then refer the same for one of the modes of resolution of dispute, provided under Section 89. One such mode pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as may be prescribed by the State Government. Sub-section (5) of Section 19 provides that a Lok Adalat shall have the jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute. Section 20 of the Act provides for Cognizance of cases by Lok Adalats and Section 21 of the Act deals with Award of Lok Adalat . Section 20(1) of the Act provides, in any case where a case is pending before the court or tribunal, if the parties thereof makes a joint application to the court or tribunal intimating their intention to compromise the matter, 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. However, after ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt for the purpose of Section 195 and Chapter XXVT of the Code of Criminal Procedure, 1973. 10. In the light of the aforesaid statutory provisions contained in the Land Acquisition Act, Code of Civil Procedure, Legal Services Authorities Act, 1987 and in particular the amendment to the Civil Procedure Code by introducing Section 89, it is clear that the award of the Lok Adalat shall be deemed to be a decree of a civil court and it has the force of such a decree which infact could be executed in a civil court. Moreover, the said award of a Lok Adalat is passed by consent of the parties and therefore it is fully binding on the parties to the said award. 11. Insofar as Section 28A of the LA Act is concerned, the principle underlining the said ..... X X X X Extracts X X X X X X X X Extracts X X X X
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