Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Legal Services Authorities Act 1987 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Legal Services Authorities Act, 1987 – ss. 20-22 – Land Acquisition Act, 1894 – ss. 28A, 26 – Whether the Award passed by a Lok Adalat u/s. 20 of the 1987 Act can form the basis for redetermination of compensation as contemplated u/s. 28A of the the 1894 Act – Held: Jurisdiction of the Lok Adalat u/s. 20 of LSA Act is to facilitate a settlement of disputes between the parties in a case, it has no adjudicatory role – The Lok Adalat by virtue of the express provisions is only a facilitator of settlement and compromise in regard to matters which are referred to it – An Award passed by the Lok Adalat under 1987 Act is the culmination of a non-adjudicatory process – The provisions contained in s. 21 by which the Award is treated as if it were a decree is intended only to clothe the Award with enforceability – The legal fiction that the Award is to be treated as a decree goes no further – Further, the basis for invoking s. 28A of the 1894 Act is adjudication by the Court as defined in the Act – Award passed by the Lok Adalat cannot be said to be an award passed under Part III of the 1894 Act – An award under Part III of the Act contemplates grounds or reasons and therefore, adjudication is contemplated and s. 26(2) of the Act is self-explanatory – Not only must it be an award passed as a result of the adjudication but it must be passed by ‘the Court’ allowing compensation in excess of the amount awarded by the collector – The word ‘Court’ has been defined in the Act as the Principal Civil Court of original jurisdiction unless the appropriate Government has appointed a Special Judicial Officer to perform judicial functions of the court under this Act – The Court is not the same as a Lok Adalat – An application u/s. 28A of the Act cannot be maintained on the basis of an award passed by the Lok Adalat u/s. 20 of the LSA Act.Interpretation of Statutes – Legal Fiction – Interpretation of – Held: When a legal fiction is employed by the legislature, it becomes a duty of the Court to interpret it and to give it meaning – In gleaning its meaning, the Court is duty bound to ascertain the purpose of this legislative device. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2022 INSC 142 |
Petitioner | New Okhla Industrial Development Authority (noida) |
Respondent | Yunus & Ors. |
SCR | [2022] 11 S.C.R. 923 |
Judgement Date | 2022-02-03 |
Case Number | 901 |
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