Bombay HC calls for directions from Maharashtra State Legal Services Authority in order to dispose off pending claim cases of Railways by organizing Lok Adalats

Read Judgment: Sangeeta & Others vs. Union of India & Others 

Pankaj Bajpai

Mumbai, December 31, 2021: The Bombay High Court has asked the Registrar to place the matter before the Executive Chairman Maharashtra State Legal Services Authority, Mumbai, in pursuance of the directions already issued by the Railway Board to Zonal Railways to dispose of pending claim cases by organizing Lok Adalats. 

The Bench of Justice Prithviraj K. Chavan observed that the Indian Railway is incurring huge expenditure in the form of interest due to long pendency of claim cases in various Benches of Railway Claims Tribunals. 

That itself is a loss to the Railway exchequer which can be avoided through expeditious disposal of claim cases by organizing Lok Adalat, added the Bench. 

The observation came pursuant to an appeal by the President of the Railway Claims Tribunal Bar Association, Bombay seeking indulgence of this Court in bringing to the notice a huge pendency of appeals as well as claim applications before the Railway Claims Tribunals, requesting this Court to issue appropriate directions to the concerned Legal Services Authority in consonance with object and reasons of the Legal Services Authorities Act, 1987. 

The Appellant therefore submitted that it is expedient to hold periodical Lok Adalats so that a substantial number of appeals can be disposed off and justice in real sense can be imparted to the litigants. 

After considering the submissions, the Bombay High Court noted that most of the victims/ deaths in the railway accident are mainly from socially disadvantageous strata of the society having an economically weak background. 

Justice in real sense will have to be imparted to such helpless and hapless litigants, added the Court. 

Justice Chavan found from the communication dated November 16, 2020 by the Ministry of Railways that as on September 30, 2020, 26395 appeals were pending before various Benches of all Railway Claims Tribunals, which is not a healthy sign.

In order to achieve the object of securing justice which appears to have been denied to the socially and economically disadvantageous elements of the society, the Legal Services Authorities Act, 1987 came to be enacted by the Parliament”, observed the Single Judge. 

“Justice K.S. Ahluwalia, the Hon’ble Chairman Railway Claims Tribunal had desired that Lok Adalat should be organized again as early as possible to dispose off cases that can be decided through the said mechanism to reduce pendency. Even modalities for conducting the proposed national level Lok Adalat by all the Benches of Railway Claims Tribunal at all India level, three member committee was constituted by the Railway Claims Tribunal for the purpose of laying down guidelines and the said report of the Committee has been expedited by the Chairman Railway Claims Tribunal”, observed Justice Chavan. 

Accordingly, the High Court called for necessary directions from the Executive Chairman Maharashtra State Legal Services Authority, for disposal of pending claim cases.