TMI Blog2017 (5) TMI 1823X X X X Extracts X X X X X X X X Extracts X X X X ..... also prayed for. The suit was decreed as prayed for. When the matter was pending in appeal, the dispute was referred to the Lok Adalat and was settled, upon one of the brothers agreeing to sell the property to the other for consideration. When the settlement was not honoured, he initiated execution proceedings and sought to compel the other brother to execute a sale deed as agreed. The question has been again considered by the Apex Court in Govindan Kutty Menon K.N. v. C.D. Shaji [ 2011 (11) TMI 783 - SUPREME COURT] . The said case involved proceedings under Section 138 of the Negotiable Instruments Act. During the pendency of criminal proceedings before the Judicial First Class Magistrate's Court, the parties appeared before the Lok Adalat and the matter was settled upon payment of an amount that was agreed to. The amount was to be paid in instalments. Upon default in payment of the instalments, an Execution Petition was filed before the Munsiff's Court, Ernakulam for enforcement of the award. The Execution Court held that an award passed by a Lok Adalat on reference from the Magistrate's Court cannot be construed as a decree executable by the Civil Court. The impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erred to above. Ext. P3 in W.P.(C). No. 28422 of 2012 is the application dated 09.01.2012, which has been acknowledged receipt of as per Ext. P4 by the second respondent on the same day itself. As per identical orders issued, one of which is Ext. P5 in the writ petition referred to above, the second respondent has rejected the requests. In the other writ petitions, the orders are evidenced by Ext. P3 therein. The said orders are all under challenge in these writ petitions. As per the impugned orders, the second respondent has taken a stand that, Section 28A is applicable only to cases where enhancement in compensation has been granted on the basis of a judgment of court. Since an award passed by a Lok Adalat is on the basis of agreement between parties, no claim for enhancement of compensation or re-determination thereof was maintainable under Section 28A of the Act. It is further stated that, a decision had been taken on 03.04.2012 at a meeting held in the Collectorate that, such awards need not be considered for the purpose of granting additional compensation. The additional Government Pleader has also advised against granting enhancement in compensation. The petitioners have fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Adalat is treated as a decree of the Civil Court only for the purpose of execution of the terms thereof and not for any other purpose. It is further contended that, the re-determination of compensation that is stipulated by Section 28A is only regarding the land value that was awarded. Therefore, for the purpose of entitling a person to a re-determination of the land value, such land value should be specifically fixed in the award. What appears from the award of the Lok Adalat in these cases is only that, a lumpsum amount has been agreed to be awarded as compensation. No land value is specifically mentioned therein. Since the award does not specifically mention the land value, the same cannot be the basis for re-determination under Section 28A of the Act as sought for by the petitioners. Reliance is placed on the decisions of the Apex Court in L.I.C. of India v. Suresh Kumar [2011 (2) KLT 970 (SC)] and Interglobe Aviation Ltd. v. N. Satchidanand [2011 (3) KLT 295] to contend that, the claim of the petitioners in these cases is only to be rejected. 6. Heard. It is not in dispute that, the lands in all these cases as well as the land of Sri. K.V. Joseph, Kotteparambil House, Kambalak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n in excess of the amount awarded by the Collector under Section II. In such cases, a right is created in favour of all persons interested in all the other land covered by the same notification under Section 4, sub section (1) to seek re-determination of the compensation payable to them provided they are aggrieved by the award of the Collector. The provision has been enacted for providing an opportunity to persons, who had not made an application to the Collector under Section 18 of the Act, to claim enhanced compensation on the basis of an award made by a court in the case of another claimant. The above provision applies to : i) all persons who had not made an application to the Collector under Section 18 of the Act; ii) who are aggrieved by the award of the Collector; iii) provided they make an application to the Collector within three months from the date of the award of the court; iv) claiming that the compensation due to them may be re- determined on the basis of the compensation awarded by the court. In these cases, as already noticed above, the award of the Lok Adalat was on 10.12.2011. The petitioner in W.P.(C). No. 28422 of 2012 has submitted the application on 09.01.2012. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the purposes of holding any determination under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:- (a) the summoning and enforcing the attendance of any witness and examining him on oath; (b) the discovery and production of any document; (c) the reception of evidence on affidavits; (d) the requisitioning of any public record or document or copy of such record or document from any court or office; and (e) such other matters as may be prescribed. (2) Without prejudice to the generality of the powers contained in sub-section (1), every Lok Adalat shall have the requisite powers to specify its own procedure for the determination of any dispute coming before it. (3) All proceedings before the Lok Adalat shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of the Indian Penal code (45 of 1860) and every Lok Adalat shall be deemed to be a civil court for the purpose of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). It is clear from the above provision that, the award of a Lok Adalat is for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Negotiable Instruments Act. During the pendency of criminal proceedings before the Judicial First Class Magistrate's Court, the parties appeared before the Lok Adalat and the matter was settled upon payment of an amount that was agreed to. The amount was to be paid in instalments. Upon default in payment of the instalments, an Execution Petition was filed before the Munsiff's Court, Ernakulam for enforcement of the award. The Execution Court held that an award passed by a Lok Adalat on reference from the Magistrate's Court cannot be construed as a decree executable by the Civil Court. The said order was unsuccessfully challenged before this Court in a writ petition. This Court had, speaking through a Single Bench of this Court, held that since the award of the Lok Adalat was passed in criminal proceedings, the same was not executable and that, the decree to which reference is made in Section 21 of the Legal Services Authorities Act was a decree of civil court. Thereafter, the matter was taken to the Supreme Court by way of a Special Leave Petition. The Supreme Court overruled the said decision and held that the deeming provision in Section 21 would take in any award ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt. 9. It is clear from the judgment referred to above that, upon a reference being made to the Lok Adalat, a case even loses its distinction as civil, criminal, etc. Once a dispute is settled before the Lok Adalat, what follows is an award which is deemed to be a decree of a Civil Court. As already noticed above, in view of Section 22 of the Legal Services Authorities Act, the Lok Adalat has also been conferred with powers of the Civil Court. The Supreme Court has held that, by virtue of the deeming provision, an award passed by the Lok Adalat is a decree of a Civil Court capable of being executed. 10. The resultant position that emerges is that, the award of the Lok Adalat in the present case evidenced herein by Ext. P2 in W.P.(C). No. 28422 of 2012 has become a decree of a Civil Court. Section 28A of the Act applies in all cases where, in an award, the Court allows to the applicant any compensation in excess of the amount awarded by the Collector. In the present case, the court has, in view of Ext. P2 award referred to above, awarded compensation in excess of the amount awarded by the District Collector to Sri. K.V. Joseph, who was the claimant in L.A.R. No. 1 of 2008 of the S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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