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TMI Blog2007 (3) TMI 833X X X X Extracts X X X X X X X X Extracts X X X X ..... der the view expressed by a learned Single Judge was affirmed. 3. The background facts in a nutshell are as follows: A writ petition was filed by the respondent No. 1 which was numbered as Civil Writ Petition No. 1345 of 1986. When the writ petition was heard there was no appearance on behalf of the present appellant. It appears that before the writ petition was taken up for hearing by the learned Single Judge the matter was referred to Lok Adalat where an order dated 29.5.2000 was passed. Prayer in the writ petition was to appoint an arbitrator in terms of Section 8(i)(b) of the Requisition and Acquisition of Immovable Properties Act, 1952 (in short the 'Act'). In the writ petition it was stated that the land was acquired on 20. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me operative. 4. In support of the appeal, learned Counsel for the appellant submitted that the view of the High Court is clearly untenable. Reliance is placed on a decision of this Court on Union of India and Anr. v. Munsha and Ors 1995(6)SCALE353 a to contend that the direction for appointment of an arbitrator was clearly untenable. 5. The matters which can be taken up by the Lok Adalat for disposal are enumerated in Section 20 of the National Legal Services Authorities Act, 1987 (in short the 'Legal Services Act") which reads as follows: 20. Cognizance of cases by Lok Adalats: (1) Where in any case referred to in Clause (i) of Sub-section (5) of Section 19- (i)(a) the parties thereof agree; or (b) one of the parties th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e at a compromise or settlement between the parties and shall be guided by the principles of justice, equity, fair play and other legal principles. (5) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, the record of the case shall be returned by it to the Court, from which the reference has been received under Sub-section (1) for disposal in accordance with law. (6) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, in a matter referred to in Sub-section (2), that Lok Adalat shall advice the parties to seek remedy in a Court. (7) Where the record of the case is returned under Sub- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lats order does not arise.
7. Both learned Single Judge and the Division Bench failed to take note of what has been stated by this Court in State of Punjab and Ors. v. Shri Ganpat Raj AIR2006SC3089 . In the fitness of things, therefore, we remit the matter to the High Court to hear the writ petition afresh. Since the matter is pending since long, we request the High Court to dispose of the matter within four months from the date of receipt of the copy of the judgment. While doing so, the effect and relevance of judgment in Munsha's case (supra) shall be considered. It is made clear that we have not expressed any opinion on merits of the case.
8. The appeal is allowed to the aforesaid extent without any orders as to costs. X X X X Extracts X X X X X X X X Extracts X X X X
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