NEWSLETTERdc l s f; yk ,;U

DLSA/DHCLSC For Private Circulation Only

thHon'ble Mr. Justice Altamas Kabir, Judge, Supreme Court of India releasing the 5 Annual Report of DLSA. From L to R are Hon'ble

Mr. Justice A.K. Sikri, Judge, High Court of Delhi; Hon'ble Mr. Justice Dipak Misra, Chief Justice, High Court of Delhi; Hon'ble

Mr. Justice Altamas Kabir, Judge, Supreme Court of India; Hon'ble Mr. Justice Vikramajit Sen, Judge, High Court of Delhi;

Mr. Rakesh Tikku, Chairman, Bar Council of Delhi and Mr. A.S. Chandhiok, Additional Solictor General & President, DHCBA.

THINAUGURATION OF MEGA LOK ADALAT & RELEASE OF 5 ANNUAL REPORT

thThe Mega Lok Adalat was organized by Delhi Legal Services Authority on 24 October, 2010. The event was truly “Mega” as

the Lok Adalat was not only spread throughout the districts of Delhi and the various District Court Complexes but also at the Delhi High Court. The event witnessed a large turnout of people at each of the venues. The people started gathering from morning much before the commencement of the sittings. The sittings continued till late evening in the District Courts and people were very eager that their matters be taken up at the Lok Adalat, even if they had to wait for their turn.

The inaugural function organised at the High Court premises was graced by Hon'ble Mr. Justice Altamas Kabir, Judge Supreme Court of India and Executive Chairman, National Legal Services Authority.

The other dignitaries who graced the occasion were Hon'ble Mr. Justice Dipak Misra, Chief Justice, High Court of Delhi &

Patron-in-Chief, Delhi Legal Services Authority, Hon'ble Mr. Justice Vikramajit Sen, Judge, High Court of Delhi & Executive

Chairman, Delhi Legal Services Authority & Hon'ble Mr. Justice A. K. Sikri, Judge, High Court of Delhi & Chairman, Delhi High Court

Legal Services Committee, the President, Delhi High Court Bar Association, Shri Chandhiok and the Chairman, Bar Council of Delhi

Shri Tikku.

Delhi Legal Services AuthorityCentral Office, Pre-fab Building, Patiala House Courts, New Delhi

PH: 23383014, 23384781 Telefax: 23387267, Helpline: 12525 (Toll-free) Email: dlsathebest@rediffmail.com

Website: www.dlsa.nic.in

VOLUME 2 ISSUE 10 October , 2010

NEWSLETTER

While Sh.Chandhiok and Sh.Tikku put forth the reservation generally harboured by advocates towards the concept of Lok Adalat, they also assured the Hon'ble Executive Chairman, NALSA and the other dignitaries of full support on behalf of the Bar members, in this endeavour.

Hon'ble Executive Chairman, DLSA said that Lok Adalat was a means of bringing legal aid to the needy & poor. In his welcome address, His Lordship admitted that in the process of organizing this Mega Lok Adalat, his Lordship had moved from a “sceptic” to a “convert”! His Lordship underlined that the endeavour of the Lok Adalat was to get the adversaries to come together.

The Hon'ble Patron-in-Chief, DLSA emphasized on the idea of Lok Adalat as a method of dispute resolution which transformed two minds. Hon'ble Mr. Justice Altamas Kabir expressed happiness at the commitment and support promised by the representatives of the Bar and pointed out to the baselessness of the fears of fall in the practice of lawyers if cases are disposed of in Lok Adalats, by directing attention to the “Turnover” aspect where the disposal of old cases would attract more cases in the hands of a lawyer. His Lordship said that Lok Adalat, whatever be the shortcomings, was still a worthwhile solution as it eased the pressure on the court system, particularly by reducing appeals. His Lordship also said that the Legal Services Authorities must not ignore another equally important area of legal aid i.e. literacy and education, so that the people would come to know what alternatives to costly litigation were available to them.

Hon'ble Mr. Justice A. K. Sikri, Judge, High Court of Delhi & Chairman, Delhi High Court Legal Services Committee proposed the vote of thanks in his inimitable and warm manner.

The Inaugural function was attended by almost all the sitting Judges of the Hon'ble High Court of Delhi apart from the participants. The inaugural function was beamed simultaneously to Rohini, Karkardooma and Tis Hazari Courts through Video Conferencing, which was also a unique feature of this inaugural function.

thAt the inaugural, Hon'ble Mr.Justice Altmas Kabir also released the 5 Annual report of the DLSA.

Hon'ble Mr. Justice Altamas Kabir, Judge, Supreme Court of India lighting the ceremonial lamp alongwith

Hon'ble Mr. Justice Dipak Misra, Chief Justice, High Court of Delhi & Patron-in-Chief, DLSA, Hon'ble Mr.

Justice Vikramajit Sen, Judge, High Court of Delhi & Executive Chairman, DLSA, Hon'ble Mr. Justice A. K.

Sikri, Judge, High Court of Delhi & Chairman, DHCLSC and Shri A.S.Chandhiok President, Delhi High Court

Bar Association.

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NEWSLETTER

HIGH COURT

It is the first time in Delhi that Hon'ble sitting Judges of the High Court of Delhi conducted the Lok Adalat at the High Court of Delhi. There were three benches to deal with the pending cases of the High Court. MACT matters, Electricity matters, Labour matters and many others cases were disposed of as settled by these benches. Hon'ble Mr. Justice Pradeep Nandrajog, Hon'ble Mr. Justice Manmohan, Hon'ble Mr. Justice V.K. Jain and Hon'ble Ms. Justice Mukta Gupta headed each of these benches. The associate members were Sh. Sunil Mittal, Sh. Rajiv Aggarwal, Sh. Sudhanshu Batra & Sh. Sidharth Luthra, Senior Advocates.

The members of the Bar had put in their best even during pre sittings. The efforts of two young lawyers Ms. Manjusha Wadhwa and Mr. Manish Maini, whom the Hon'ble Patron-in-Chief fondly referred to as “Ambassadors” ensured the participation of lawyers and clients as also the representatives of the Insurance Companies.

The participation of Hon'ble Patron-in-Chief and Hon'ble Chairman, Delhi High Court Legal Services Committee Mr. Justice A.K. Sikri during the pre sittings had a tremendous impact on the proceedings and several times when negotiations were reaching breaking point it was the gentle push of the Hon'ble Patron-in-Chief that resulted in the crumbling of egos and opening of minds towards amicable settlement.

The fact that so many cases were settled in the High Court during the Lok Adalat is in itself significant as all matters that were taken up in the Lok Adalat were at the Appellate stage-that is one party was already having a favourable judgement in his kitty.

The efforts at pre sittings resulted in one of the insurance companies i.e. Bajaj Allianz Insurance Company Ltd. being already ready with the cheque to pay the claimant on the day of the Lok Adalat. In a unique and kind gesture Hon'ble Mr. Justice Altamas Kabir agreed to hand over the cheque to the claimant bringing great joy to the claimant.

The following pages are the contents of the reports of the Districts relating to some interesting cases disposed of

in the Mega Lok Adalat.

Hon'ble Mr. Justice Altamas Kabir, Judge, Supreme Court of India handing over the cheque of the settled

amount to the claimant during the Lok Adalat , Delhi High Court, presided over by Hon'ble Ms. Justice Mukta

Gupta. Also seen Hon'ble Mr. Justice Dipak Misra, Chief Justice, High Court of Delhi, Hon'ble Mr. Justice

Suresh Kait, High Court of Delhi and Sh. Sudhanshu Batra, Senior Advocate.

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NEWSLETTER

Speech of Hon'ble Chief Justice, Delhi High Court

Lok Adalat, as a conception, neither requires a definition nor a description. But curious minds always search for the same before acceptance. To humble me, it is an idea; a thought which gets transformed into a pleasant reality when two minds meet and proclaim- “we have fought, we may have the power to fight, we may have the strength to endure, we may have the limitless prowess to carry on the conflict-but-we desire harmony to prevail, friendship to rule, compassion to rise, sacrifice to celebrate, amity to blow in the polity, the ocean of passion to melt into an ever flowing smiling brook, the attitude of conflict to metamorphose to a tendency of permanent forgiveness and acceptance, an unnecessary prized honour to graceful realization of its futility and above all, to build such a peaceful civilized society which prospers economically and democratically by our participation.”

“Though I have said this, yet I am absolutely certain, ladies and gentlemen, you really do not need to know the etymology of Lok Adalat as my experience in the last three weeks has clearly taught me that the members of the bar are married to the idea. I have only repeated as we are a family- an undivided family- to build a nest, an enduring one, expansive and open, of which angels shall be envious.

Lok Adalat has brought winds of change under the leadership and guidance of My Lord Justice Kabir as the Chairman of the National Legal Services Authority and I am of the firm conviction that time has arrived when both the bench and the bar can comfortably announce “we are not creatures of circumstances, but circumstances are our creatures and we can avoid them with the power of mind that welcomes a settlement.”

“I would request every member of the bar to be a chief protagonist in every Lok Adalat as it is a facet of social engineering and breeding bio-technique for a social pyramid.

Ladies and Gentlemen, I have not spoken hyperboles but spoken the truth. Remember, truth is hidden in dreams and we have to achieve it because we dream everyday.”

Thank you.

Hon'ble Judges of the High Court of Delhi and

other participants at the inaugural function.

Hon'ble Mr. Justice Dipak Misra, Chief Justice, High

Court of Delhi delivering the speech at inaugural

function.

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NEWSLETTER

New Delhi District, Patiala House Courts

thIn the Mega Lok Adalat in Patiala House Courts on 24 October, 2010, cases u/S 138 N.I. Act,

Matrimonial, Domestic Violence, etc. and cases under Weights and Measures Act were taken up. All the cases

taken up were compoundable cases. Several cases relating to the Weights & Measures Act had been pending for

years because the accused persons were not appearing before the Authorities even to compound them. Pre

hearing notices were sent to the parties and many of them appeared for pre hearing. Others chose to appear

before the Lok Adalat bench directly. A total of 695 cases were disposed of and an amount of Rs.3,39,050/-

collected. This effort resulting in the wiping off of nearly half the pendency of such cases pending in the

Courts. People gathered in large numbers to get their cases disposed of. Many benches of the Lok Adalat

continued to work till 6:00 p.m.

View of the Help Desk set up by the New Delhi

Legal Services Authority

Litigants outside the Adalat waiting for their turn.

Lawyers and litigants outside checking through the

cause list

View of the Lok Adalat relating to in progress.

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South West District, Dwarka Courts

Two inter-connected suits were settled in the Mega Lok Adalat in the Court of the Additional District

Judge, South West District. The cases involved an industrial plot of about 2400 sq.ft. leased out by the

predecessor-in-interest of the plaintiff for a period of 10 years vide a registered lease deed of the year 1998. The

tenancy was allegedly terminated in the year 2007 and the plaintiff had claimed not only the possession of the

property but also recovery of arrears of rent and mesne profits.

The defendant on the other hand had raised various objections regarding not only the locus standi of

the plaintiff but also issues like relationship between the landlord and tenant, waiver by acquiescence and a strict

interpretation of the terms and conditions of the lease deed thereby stipulating an automatic renewal for

another period of ten years. The defendant had not only resisted the instant suit but had also filed a suit for

specific performance seeking execution of a fresh lease deed for a further period of ten years in respect of the

entire suit premises and even some 250 additional sq.ft. of area.

In both these suits, at pre Lok Adalat sittings as well as on the day of the Mega Lok Adalat, efforts were

made and eventually the matters were amicably settled. The claim of one of the parties for additional area was

also resolved by dividing the area and terms and conditions of tenancy were settled along with the agreed rate of

rent and conditions regarding its vacation. Thus, even complicated issues and complex cases were resolved

through the efforts made in the Lok Adalat and thereby a permanent lid was put to all the controversies between

the parties.

The crowds at the Dwarka Court Complex.

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NEWSLETTER

South District, Saket Courts

The visit to the Saket Court complex by Hon'ble Mr. Justice Altamas Kabir, Hon'ble Mr. Justice Dipak Misra, Hon'ble Mr. Justice Vikramajit Sen perked up the officers both presiding over the benches as well as those participating on behalf of the insurance companies and boosted the morale of the lawyers and litigants waiting for their turn. The Hall on the Ground Floor was a sea of humanity. Even people with their disabilities were waiting patiently for their turn.

At the Saket Court complex, 38 benches were constituted. Hon'ble Mr. Justice Altamas Kabir, Hon'ble Mr. Justice Dipak Misra, Hon'ble Mr. Justice Vikramajit Sen participated in the Lok Adalat relating to the MACT matters and helped to settle many matters including a case in which Rs.7,00,000/- were awarded as compensation.

Hon'ble Mr. Justice Altamas Kabir, Hon'ble Mr.

Justice Dipak Misra, Hon'ble Mr. Justice

Vikramajit Sen arriving at the Saket Court Complex

Even women were keen to take advantage of the

oppurtunity offered by the Lok Adalat though it was a

Sunday

Hon'ble Mr. Justice Altamas Kabir, Hon'ble Mr. Justice Dipak Misra taking keen interest during the

proceedings in MACT cases

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The North West District and the Outer District in Delhi catered to by the Rohini Court complex are high

litigation areas both in terms of criminal as well as civil cases but it is also the court complex which has given us

the highest disposal in the Lok Adalat. Being located in a residential area the turnout of people was also huge. The

cases that were disposed of included money matters relating to accident claims, family disputes, electricity case,

cases u/S 138 N.I. Act. More than 50,000 traffic challans were also disposed of at the Rohini Court complex.

The Principal Judge, Family Courts, Dwarka Smt. Deepa Sharma in her report has brought out the thefficacy of a Lok Adalat even in family matters. 34 cases were listed on 24 October, 2010 and in 33 cases parties

settled their disputes. More importantly in 19 cases parties reconciled and opted to start living together. In fact

they left the Lok Adalat together! An interesting case highlighted by the Ld. Principal Judge, Family Courts was

one in which there was also a child, about one year old. The marriage was solemnised on 12.08.2006 and the

parties lived together till September 2009 after which they had been separated for about a year. The wife had

filed two cases, one being for the maintenance of herself and the child and the second being a suit for permanent

injunction restraining the defendants from selling, transferring, alienating, creating any third party interest etc. in

the disputed property. The husband in his turn, filed a case for Restitution of Conjugal Rights u/S 9 HMA.

Extensive counselling was conducted during pre sittings. On the date of the Lok Adalat further attempts were

made for reconciliation, and the parties finally decided to resolve their disputes and to bury their past differences

and start a new life together again. Thus three contentious and emotion ridden cases came to an end to the great

satisfaction of the parties as well as the bench.

North West District, Rohini Courts

Sh. S.K. Sarvaria, Ld. DJ-VIII & Chairman, North West

District Legal Services Authority & Sh. Satish Kumar,

Ld. Secretary, North West District Legal Services

Authority helping a senior citizen

View of Help Dekt set up at Rohini Court Complex

Family Courts

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East District, Karkardooma Courts

North East District, Karkardooma Courts

East District has the distinction of one MACT bench disposing of 127 cases. Shri Rajiv Mehra, Additional District Judge presides over a MACT court and was also the Presiding Judge of the bench dealing with the MACT matters on the day of the Lok Adalat. A compensation amount of Rs.1,55,87,091/- was settled by the Bench.

113 Labour cases were disposed of by Shri Daya Prakash in this Lok Adalat. The efforts of the benches dealing with Labour matters highlighted the efficacy of Lok Adalat in the final disposal of labour matters also. Many of these labour matters were fresh matters having been filed in the year 2010. This settlement through Lok Adalat at the initial stage has thus saved many judicial hours not only during their trial but also in terms of the possible appeals after disposal at the trial stage.

In the North East District Shri Amitabh Rawat, MM disposed of 609 cases which included several matters u/S 138 of the N.I. Act and criminal compoundable cases.

View of litigants at Karkardooma CourtsThe presiding judge, representatives of insurance

companies and claimant at the MACT Lok Adalat

Ld. Judges of Karkardooms Court Complex watching

inaugural proceedings through Video Conferencing.

View of Lok Adalat in progress in respect of domestic

disputes

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NEWSLETTER

Central, North and West Districts at Tis Hazari Courts

Hon'ble Mr. Justice Altamas Kabir, Hon'ble Mr. Justice Dipak Misra, Hon'ble Mr. Justice Vikramajit Sen visited the Tis Hazari Courts complex to take stock of the proceedings. The Hon'ble Judges first went to the criminal court where criminal compoundable matters were being settled by the Presiding Judge. The Hon'ble Judges were struck by the large number of people who had collected at the Tis Hazari Courts complex reflecting the keenness of the common man for a full and final disposition of his case. The Hon'ble Judges participated in the MACT Lok Adalat. In the case of an old man in which the Presiding Judge had met with a road block in the negotiations with the insurance company, with a hostile counsel for the claimant, and the old claimant himself being desirous of a final settlement being conscious of the fact that he was in a wheel chair and that age was not on his side, the intervention of their Lordships' ensured the settlement of the case to the satisfaction of the old gentleman, his counsel and the insurance company as well.

Another interesting case is one which was a highly contentious one even before the regular Court. The Court had referred the matter twice to the Mediation Cell from where it had returned with failure reports on each occasion. Despite these facts, the parties were again open to an amicable settlement as the Judge felt that the matter could still be resolved. The Mega Lok Adalat was just the right panacea. This matter was referred to the Mega Lok Adalat and the matter was settled to the complete satisfaction of all the parties. It may be mentioned that this case related to specific performance, damages and injunction.

Another interesting matter related to a partition suit. The suit had been filed in the year 1998. Some of the parties to the suit belonged to Pakistan. Several others were residing in different parts of India. The case was lingering on also on account of the deaths that were occurring. There were as many as 22 plaintiffs and 40 defendants in this case. Through pre Lok Adalat sittings and the active participation of the Presiding Judge of the Lok Adalat and the lawyers, the parties were assisted in reaching a settlement which was even beyond the expectations of the parties. Even the Presiding Judge of the Lok Adalat felt that it was the process of settlement in the Lok Adalat that allowed the disposition of this case which in routine may have taken much longer.

Hon'ble Mr. Justice Altamas Kabir, Hon'ble Mr. Justice Dipak Misra, Hon'ble Mr. Justice Vikramajit Sen

watching proceedings in criminal compoundable cases; and participating in MACT Lok Adalat in Adalats at

Tis Hazari Court Complex

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NEWSLETTER

The preparation for this Mega Lok Adalat was in the midst of the Dusehra & Puja holidays and the

Commonwealth Games, which really strained the judiciary at all levels. A series of pre sittings were organized at

all Court Complexes including the High Court to identify settleable cases. Hon'ble Mr. Justice Dipak Misra, Chief

Justice of Delhi High Court & Patron-in-Chief, Delhi Legal Services Authority along with Hon'ble Mr. Justice

Vikramajit Sen, Judge, High Court of Delhi & Executive Chairman, Delhi Legal Services Authority and Hon'ble

Mr. Justice A. K. Sikri, Judge, High Court of Delhi & Chairman, Delhi High Court Legal Services Committee

visited the various Court Complexes. They actively involved themselves in these pre sittings. As a result the

Judicial Officers were enthused to pitch in their best. The High Court pre sittings also saw the direct involvement

of our indefatigable Patron-in-Chief. Many a stubborn participant was tackled by the amity and charm of His

Lordship.

The result of the effort put in was the stupendous number of 1,27,000 cases disposed of in this Lok

Adalat.

Another case related to a shop/stall in Manipur Bhawan. The plaintiff had been thrown out from the

building on the pretext of renovation and his license was also simultaneously revoked. The plaintiff had filed a

suit only for damages. However, the matter was settled in the Lok Adalat and as per the settlement the defendant

agreed to give the stall/shop on the same terms and conditions to the plaintiff and thus the plaintiff's livelihood

was restored to him which was actually beyond the relief prayed for in the suit.

These cases only underline and highlight the importance of Lok Adalat as an ADR mechanism which

must be given its due place. In fact, its time has come.

Facilitation Centre set up at Saket Court Complex with

use of computers for smooth flow of cases to different

Lok Adalat benches

Photograph showing inaugural function being

viewed simultaneously at Saket, Rohini and

Karkardooma District Courts through Video

Conferencing

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Report of Cases settled in Mega Lok Adalat held on 24.10.2010 at all District Court Complexes & High Court of Delhi.