Breach Of Lok Adalat Order Will Not Amount To Contempt Of Court: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that Lok Adalat is not a Court under the Contempt of Courts Act and breach of its order will not amount to contempt of court.

Justice Sureshwar Thakur and Justice Kirti Singh allowed an appeal against a contempt notice issued for violating an undertaking given before the Lok Adalat.

"Resultantly, the making of the impugned order based upon the supra extracted award of the Lok Adalat, which is not a Court, but makes the impugned order to suffer from a gross illegality and perversity," the bench said.

The Court also said that the contempt jurisdiction should not be exercised in "slipshod and arbitrary manner" and the principles of the Contempt of Court Act should be complied.

Facts In Brief 

Certain land owned by the predecessor-in-interest of the petitioner situated within the revenue estate of village Pipli, Tehsil Thanesar, District Kurukshetra came to be acquired by the Haryana Government for some public purpose. The acquisition proceedings were assailed by the predecessor-in-interest of the petitioner in a writ petition which was disposed of by the Permanent Lok Adalat of the High Court based on an undertaking given by the Government that petitioner's land will be excluded from acquisition.

Later the original owners alienated the said land in favour of the petitioner vide two registered sale deeds. In pursuance thereof, the petitioner approached the authorities for recording of its name in the column of ownership. Faced with the fact that needful was not being done, petitioner filed another writ, which was disposed of while directing the Government to pass a speaking order on the representation submitted by the petitioner.

A contempt plea was filed by the petitioner though in compliance of High Court's order, speaking orders  passed by the State authorities, however, the same is apparently against the undertaking extended before the Permanent Lok Adalat.

Considering the submissions, a single bench opined that, "The respondents have, thus, made themselves liable for the breach of undertaking extended on 12.10.2000 having interfered in the course of administration of justice as well."

Consequently, an appeal challenging the order of the single bench was filed before the division bench.

After analysing the submissions, the Court relied on Brajnandan Sinha versus Jyoti Narain [AIR 1956 SC 66] to underscore that "the Lok Adalat, does not hold the trappings of a Court, wherebys the awards' made by the Lok Adalats, if become infringed, do not generate in the aggrieved any cause of action to raise any actionable claim for contempt thereofs."

The Court also pointed that the single judge "even without framing a charge appertaining to the alleged commission of civil contempt, and, also subsequently without proceeding to consider the justifiable extenuating cause, as would become echoed in the reply on affidavit, wherebys the contemnor may be amenable for being discharged, rather reiteratedly has proceeded to conclude that civil contempt has been committed."

Finding merit in the appeal, the bench set aside the order of the single judge and discharged the authorities.

 Mr. Ankur Mittal, Addl. A.G., Haryana

Mr. Pardeep Prakash Chahar, Sr. DAG, Haryana,

Mr. Saurabh Mago, DAG, Haryana with Ms. Kushaldeep Kaur, Advocate for the appellants.

Mr. Nitin Verma, Advocate for Mr. Pankaj Nanhera, Advocate for the respondent. 

Title: Arun Kumar Gupta and others v. M/s Karnal Motors Pvt. Ltd

Citation: 2025 LiveLaw (PH) 38

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