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Issues: Whether an award passed by a Lok Adalat is an award passed by a Court within the meaning of Section 3(d) of the Land Acquisition Act, 1894, so as to enable landowners who did not seek a reference under Section 18 to seek re-determination of compensation under Section 28A.
Analysis: Section 89 of the Code of Civil Procedure, 1908 contemplates settlement through Lok Adalat, and the Legal Services Authorities Act, 1987 gives statutory recognition to Lok Adalat proceedings and awards. An award of the Lok Adalat is deemed to be a decree of a civil court, is final and binding, and is passed on consent or settlement between the parties. Section 28A of the Land Acquisition Act, 1894 is a beneficial provision intended to extend the benefit of higher compensation to similarly situated landowners who did not seek reference. In that statutory setting, a Lok Adalat award, though rendered through settlement, falls within the expression of an award by a court for the purpose of Section 28A.
Conclusion: The question is answered in the affirmative. A Lok Adalat award is treated as an award of a court for the purpose of Section 28A, and the petitioners are entitled to seek re-determination of compensation on that basis.
Final Conclusion: The impugned rejection orders could not be sustained, and the petitioners were entitled to have their applications under Section 28A considered with reference to the Lok Adalat award.
Ratio Decidendi: A Lok Adalat award, being a statutorily recognised and binding decree-like settlement, can be treated as a court award for the purpose of extending beneficial compensation relief under Section 28A of the Land Acquisition Act, 1894.
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