• Award of Lok Adalat Decree on MCD Apellate Tribunal

Der Sirs,

My neighbor had illegally constructed a courtyard in the DDA Flat in Delhi and I filed a Civil Suit.
Finally, the suit was settled in the Lok Adalat. Both MCD and the neighbor has agreed to demolish the illegal construction.  MCD did only cosmetic demolition and I have filed an executive petition.

My neighbor had also filed an appeal in the MCD Appellate Tribunal when the civil suit was on but  later withdrawn the appeal citing that the appeal is infectious due to action planned by MCD. 

But he has cleverly filed another appeal with the MCD Appellate tribunal 10 days before withdrawal of the of the earlier one and now proceeding with the second appeal against the demolition order of the MCD. 

I had filed an application with the MCD appellate tribunal under  order 1 Rule 10 (2) Read with section 151 of CPC for adding my name as a party and gave the order of the  of the Lok Adalat settlement along with the application.  I also submitted the Supreme Court Order on Lok Adalat that no appeal can be filed in any court  against  the Lok Adalat. 

But to my surprise,  the MCD Tribunal   informed me that the Appeal is not against the Lok Adalat Decree but against the order of the MCD on illegal construction. So, the Tribunal can not dismiss the Appeal application of my neighbor. 
.
The main objective of filing of  the civil suit was for the demolition of the  illegal construction and the Lok Adalat decree was  awarded towards it.  Since the MCD Appellate is considering the appeal application, the decree of Lok Adalat is meaningless.

And all my effort of 4 years in Civil court  and agreement to accept the Lok Adalat decree has gone for a waste.  I am back to square one now. 

My questions:

1. Whether Lok Adalat settlement is binding on the  MCD Appellate Tribunal or not?  If Applicable then why the Appeal application of my neighbor is not dismissed by the MCD Apellate Tribunal ?

2.Suppose if the Appeal application is settled in favor of my neighbor in the MCD Apellate Tribunal then the demolition will not take place and it is against the Lok Adalat Decree. 
So, which one of the order (Lok Adalat / MCD Apellate Tribunal)  can be implemented by the MCD Authorities?

3. Can anyone file two concurrent Appeal in the MCD Apellate Tribunal against the demolition for the same property?   Before withdrawal of the first appeal, the second one was already filed. 

4. Can I get the Appeal application & other documents of the neighbor etc from the MCD Tribunal since I have filed an application under order 1 Rule 10 (2) Read with section 151 of CPC for adding my name as a party?  The Registrar refuses to give the certified copies stating that I am not a party in the Appeal but only assisting the court under under order 1 Rule 10 (2) Read with section 151 of CPC. 

5. My neighbor and MCD has concealed the information of Lok Adalat Decree in the MCD Apellate tribunal since I had inspected the file.  Does it not amount to contempt of court if the order of the Lok Adalat is not stated in their Appeal Application or in the MCD's statement filed with the Tribunal? 

6. MCD and my neighbor has concealed lot of information in the MCD Apellate tribunal that came to my notice during the inspection of the file. But I am refused by the registrar to take the certified copies.
So, under order 1 Rule 10 (2) Read with section 151 of CPC what are all I can get from the case file?

8. What is the action to be taken against MCD and neighbor over the concealment of information to the Tribunal?

9. What is the advise of learned counsels to me on these issues to move forward?

With regards,

RT
Asked 3 months ago in Civil Law from New Delhi, Delhi
1) Lok Adalat settlement would be binding on the appellate tribunal . your neighbour has agreed that it was illegal construction and in lok adalat agreed to demolish it 

2) it is necessary to peruse order by Tribunal refusing to dismiss the appeal 

3) MCD is bound to implement lok adalat decree . if tribunal passes contrary order appeal against order of tribunal before HC 

4) two concurrent appeals cannot be filed . only after with drawing first appeal can second appeal be filed 

5) you  can on next date of hearing request court to direct Appellant to  furnish copies of appeal filed 

6)person who has not come to courts with clean hands is not entitled to any reliefs . you have to draw attention of court  to material suppression of facts 

7) rely upon various judgments of SC wherein it has been held that person who does not come to court with clean hands is not entitled to any relief 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. The order of Lok Adalat is binding and cannot be challenged. Your neighbour and MCD are trying to circumvent the award of lok adalat. You should challenge the decision of MCD in the High Court. 

2. Furthermore, unless the first appeal is withdrawn the second cannot be filed. 

3. Once you have impleaded yourself as a party you have the right to obtain certified copies of every document on the file. If you have been disallowed then the remedy is again before the High Court.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. Whether Lok Adalat settlement is binding on the  MCD Appellate Tribunal or not?  If Applicable then why the Appeal application of my neighbor is not dismissed by the MCD Apellate Tribunal ?

The circumstances and the reasons given by the appellate tribunal for not entertaining your application seeking dismissal is very clear hence you may have to fight it out on that grounds only on the basis of of merits in your side.Since you have already impleaded yourself as a party to the appeal, fight it out on the basis of the lok adalat order in your favor.  






2.Suppose if the Appeal application is settled in favor of my neighbor in the MCD Apellate Tribunal then the demolition will not take place and it is against the Lok Adalat Decree. 
So, which one of the order (Lok Adalat / MCD Appellate Tribunal)  can be implemented by the MCD Authorities?

The appeal is totally a different subject to that of the award granted by lok adalat.
Since he has not obtained stay of the lok adalat order for demolition, you can file a execution petition to execute the order of the lok adalat simultaneously, let him challenge that order in his present appeal, his entire case shall stand infructuous based on his recognition of the lok adalat order on the same subject namely demolition.  Tricky situation, but you also have to adopt cleverly planned strategies in this regard to counter him at different place. 







. 3. Can anyone file two concurrent Appeal in the MCD Apellate Tribunal against the demolition for the same property?   Before withdrawal of the first appeal, the second one was already filed. 

He may project that both are of different cause of action hence maintainable.






4. Can I get the Appeal application & other documents of the neighbor etc from the MCD Tribunal since I have filed an application under order 1 Rule 10 (2) Read with section 151 of CPC for adding my name as a party?  The Registrar refuses to give the certified copies stating that I am not a party in the Appeal but only assisting the court under under order 1 Rule 10 (2) Read with section 151 of CPC. 

You should amend the prayer from assisting to necessary party to the appeal in the petition filed to implead yo as a party to the appeal. 
You can file a copy application seeking certified xerox copies, it cannot be refused since your vakalat has been recorded in the file. 






5. My neighbor and MCD has concealed the information of Lok Adalat Decree in the MCD Apellate tribunal since I had inspected the file.  Does it not amount to contempt of court if the order of the Lok Adalat is not stated in their Appeal Application or in the MCD's statement filed with the Tribunal? 


It will not be contempt of court because it is not necessary for him to bring the facts of lok adalat order before this court while he is seeking some other relief against MCD.





6. MCD and my neighbor has concealed lot of information in the MCD Apellate tribunal that came to my notice during the inspection of the file. But I am refused by the registrar to take the certified copies.
So, under order 1 Rule 10 (2) Read with section 151 of CPC what are all I can get from the case file?

Once you get yourself impleaded as party to the case, you will be entitled for certified copies by applying for the same, you may first file vakalat and enter appearance and after that apply for certified copies, the court cannot refuse supply of copies. 




8. What is the action to be taken against MCD and neighbor over the concealment of information to the Tribunal?


First you get into the case and then contest the case as per the evidences and merits in your side. 

T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
Lok Adalat verdict is final and not changeable. NO appeal lies against lok adalat verdict or orders. It seems your neighbor file said appeal technically on the of the MCD and showing different cause of action. You rightly filed petition for implead you as a party and once you impleaded as a party you the matter involved is one and same . Lok Adalat orders will be effectual than hte orders of MCD appellant tribunal. he must have file appeal along with affidavit by swearing you have obtain certified copies of same and can initiate action for deposing falsely and diverting the attention of the court   
Lakshmi Kanth
Advocate, Hyderabad
224 Answers
2 Consultations
4.8 on 5.0

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