Hyderabad:The Telangana High Court has made it clear that before passing awards in property settlement cases, Lok Adalats must ensure that the parties entering into a compromise are personally represented and that their signatures are obtained on the compromise deed, rather than relying on a power of attorney.
The court further directed that Lok Adalats recording a compromise must verify the personal presence and identity of the parties by examining valid documentary proof. Even when a party is represented through an attorney, the Lok Adalat must ensure that the concerned party has been served with proper notice.
A Division Bench comprising Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar cautioned Lok Adalats against being hasty in issuing awards in property-related cases and pointed out that such awards should not raise doubts about their legality.
The Bench set aside a procedurally deficient award passed by the Additional Junior Civil Judge-cum-I Additional Metropolitan Magistrate, Kushaiguda, Medchal-Malkajgiri district, concerning 2 acres and 19 guntas of land in Dayara village, Keesara mandal, Shamirpet.
After the death of the property owner, Tirupathaiah, his wife, two sons, and two daughters became joint owners, each entitled to a one-fifth share. When disputes arose, one of the sons filed a partition suit, which was later referred to the Lok Adalat, even before notices were served to the daughters.
The Lok Adalat, however, passed an undated award, recording that the dispute had been settled through compromise among the legal heirs, though the daughters were absent and their signatures were missing.
The High Court found several irregularities in the manner in which the trial court referred the matter to the Lok Adalat and expressed suspicion over the award’s authenticity. Records revealed that a joint memo had been filed in the trial court on January 7, 2021, seeking to refer the suit to the Lok Adalat for recording a compromise. On the same day, one of the sons filed an affidavit seeking to advance the hearing date from January 25 to December 21, 2020, for the same purpose. The trial court allowed the request on
January 7 and referred the case to the Lok Adalat.
However, notices to the daughters were issued only on January 23, 2021, and were later returned unserved. The High Court also noted multiple anomalies in the Lok Adalat’s award, it bore no date, but the certified copy given to the son and mother showed the date as January 7, 2021, the same day the trial court referred the matter.
Observing a clear discrepancy between the original and certified copies, the High Court questioned the authenticity of the records and set aside the award.
HC raps irrigation dept for classifying private lands as lake area
Hyderabad:The Telangana High Court faulted the irrigation department for categorising private patta lands as part of lake areas without formally acquiring them or paying compensation to the landowners.
The court questioned the government’s stance on the plight of landowners whose properties had been submerged. It observed that the state was obligated to compensate owners of submerged lands. “If such lands are not acquired but remain submerged, compensation must still be paid, but how much will that cost, and won’t it burden the public exchequer?” the court asked.
The bench also questioned the authority of the irrigation department to classify private lands as lake areas and proceed with the construction of bunds without conducting proper surveys or initiating land acquisition. The court made it clear that even if the land falls within the Full Tank Level (FTL), no works can be undertaken without first compensating the landowners.
The court further pointed to the lack of coordination between the revenue and irrigation departments in maintaining and recording land details related to lake boundaries and FTL areas.
