Report
Report
LOK ADALAT
LOK ADALAT
by Khushi Chaturvedi
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80 Clarity
37 Wordy sentences
32 Passive voice misuse
8 Unclear sentences
1 Outdated language
2 Intricate text
6 Delivery
5 Tone suggestions
1 Inappropriate colloquialisms
114 Correctness
16 Punctuation in compound/complex
sentences
3 Conjunction use
8 Comma misuse within clauses
10 Wrong or missing prepositions
10 Determiner use (a/an/the/this, etc.)
7 Misspelled words
24 Improper formatting
2 Incorrect verb forms
4 Closing punctuation
1 Faulty subject-verb agreement
15 Mixed dialects of english
4 Incorrect noun number
4 Misuse of semicolons, quotation marks, etc.
2 Confused words
17 Engagement
17 Word choice
LOK ADALAT
ALISHA FAIZ, L.L.M (III SEM)
JAMIA MILLIA ISLAMIA UNIVERSITY
ROLE OF LOK ADALAT IN THE CONTEMPORARY SITUATION IN INDIA
2 1
Lok Adalat simply refers to a court that is run by, for, and with the consent of
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the people backed by society. The Indian judiciary is headed toward a moment
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where it will be impossible for the courts to fill in the gaps which led to the
218 5 6
pendency in the courts and. If nothing is done, the number of cases that are
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still pending will grow. One of the most significant forms of alternative dispute
resolution is the Lok Adalat institution which has developed a lot from the time
8,9 10
where the disputes were solved by the elders of a family or the members of the
society. Lok Adalat is the combination of all the forms of ADR, that is,
12 11
Arbitration, mediation and conciliation.
This alternative dispute mechanism, however, is to enhance rather than replace
the conventional Anglo-Saxon system has caused the population to become
increasingly frustrated and disappointed, leading them to look to the Lok
Adalats as a beacon of hope. Lok Adalats offer a venue for the parties to settle
disputes amicably through negotiation and the assistance of mediators. The
13 14,15 16
Lok Adalat while deciding the case or reaching to a settlement or compromise
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shall be guided by the principles of equity, justice, good conscience,
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reasonableness and non-arbitrariness.
The Lok Adalat's intended outcome is to accomplish two key goals: To settle
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conflicts before they reach traditional courts, and to negotiate a settlement for
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conflicts that have already been brought before the courts with the aid of a
seasoned team member who serves as a conciliator.
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The need of the hour is frantically beckoning for setting up Lok Adalats on
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permanent and continuous basis. What we do today will shape our tomorrow.
220 23
Lok Adalat is in between an ever-burdened Court System crushing the choice
24 25
under its own weight and alternative dispute resolution machinery including an
inexpensive and quick dispensation of justice. The Lok Adalat and alternative
26,27 28
dispute resolution experiment must succeed otherwise the consequence for an
221 29
overburdened court system would be disastrous. The system needs to inhale
30 31
the life giving oxygen of justice through the note.
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But there are some questions that needed to be answered whether this ever
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prevailing but developed concept of Lok Adalat be able to manage the burden of
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the overburdened Courts? And if yes, then will it be able to walk hand in hand
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with the same, regarding e-courts and virtual court hearings?
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Is there any scope of improvement?
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Whether the advantages of Lok Adalat outweighs the disadvantages?
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The National Legal Services Authority (NALSA) is dedicated to providing
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individuals with quick and affordable justice. Recently, it was determined to
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place more attention on the role played by National Lok Adalat in successfully
lowering the number of open cases through ADMs.The Legal Services
Authorities changed their preparation procedures for the Lok Adalats to be
46 47
more dynamic in order to accomplish this goal. In order to help the State Legal
Services Authorities get the most out of these Lok Adalats, NALSA started
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organising consultation and review meetings in advance with each of them.
The Legal Services Authorities started virtual Lok Adalats, commonly known as
"E-Lok Adalats," in June 2020 by fusing technology with traditional ways of
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dispute resolution. Since then, hybrid and virtual modes have been used to
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arrange all Lok Adalats, including the National Lok Adalats. The Legal Services
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Authorities across the nation are constantly updating their digital
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infrastructure to ensure a hassle-free experience during the proceedings.
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The large percentage of Legal Services Authorities have taken the following
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actions to promote E-Lok Adalats:
The creation of standard operating procedures
The Court Staff has received technical training from System Officers.
53,54
For the purpose of providing litigants, attorneys, and respondents with
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pertinent information and the link to attend an e-Lok Adalat, WhatsApp groups
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are created.
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The District Courts' website features a cause list and a link to video
conferencing.
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The combined effect of all the mobilisation and preparation steps led to
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exceptional disposal numbers in 2021and 2022. A total of 1,27,88,037 cases
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from all over the nation were resolved in four National Lok Adalats, including an
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enormous number of ongoing cases—55,81,743—and a record number of pre-
litigation cases—72,06,294.and 3,10,15,215 pre litigating cases and
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1,09,10,795pending cases were disposed of which led to the total disposal of
4,19,26,010 cases. By concluding or averting protracted legal disputes, the
Legal Services Authorities were able to resolve a significant number of cases,
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providing assistance to regular individual.
According to information provided to NALSA, since June 2020, E-Lok Adalats
66,67 68
have been organised by the State Legal Services Authorities (SLSAs) of 28
States and UTs. The following information relates to the cases that were
accepted and resolved in pre-litigation and outstanding cases in E-Lok Adalats
between June 2020 and September 2022
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"Settlement of cases in Lok Adalat",Press Information Bereau by The Ministry
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Of Law and Justice,December 9,2022,availavble at<
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https://www.pib.gov.in/PressReleseDetail.aspx?PRID=1882229> (last visited on
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December11,2022)
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:
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Disposed of pre- litigating cases- 38, 39,258
Disposed of pending court cases- 14, 99,042
There is no question that the number of open cases increased while the
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epidemic was still active. However, the Legal Services Authorities were able to
achieve balance in the nation's court system thanks to a significant number of
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disposals made through Lok Adalats. There is no denying that the Lok Adalats
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have resolved a greater number of cases than any other dispute resolution
method and have become the most effective ADR tool.
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Criminal Compoundable Matters topped the list of all cases that were resolved
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throughout the year, with a total of 17, 63,233 such pending cases and
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18,67,934 pre-litigation cases being resolved. These technical developments
have allowed Lok Adalats to arrive at the parties' doorsteps. The parties can
now participate in the Lok Adalat procedures from the comfort of their homes
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or places of employment, sparing them the trouble of travelling and freeing up
an entire day for an event that lasts only a few minutes. The authorities saw
that many people participated in the virtual procedures from locations
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hundreds of kilometres away from where the Lok Adalat was held. Effective
methods of Lok Adalat supervision and monitoring have also been made
possible by technology.
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In 2022,The National Legal Services Authority (NALSA), whose executive head
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was the then Chief Justice of India-designate Justice U.U. Lalit, departed with
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traditional method by using technological platforms to hold "digital Lok Adalat"
in Rajasthan and Maharashtra.
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Justice Lalit stated that Lok Adalats had not only become an efficient
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substitute to seek redress, but considerably contribute in lowering the burden
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of the courts pertaining to backlog and pendency of cases in a conversation
with representatives of the legal services authorities. He said that seeking
justice is no longer optional; it is a human right.
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A total of 95, 78,209 cases were resolved in the first National Lok Adalat held
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on March 12, 2022 for a total settlement of 9,422 crore.
The Second National Lok Adalat disposed of 95, 78,209 cases by 5129 benches
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held on May 14, 2022.
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More than 75lakh pre litigating cases were settled at the Third National Lok
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Adalat of 2022 held on August 13 and the total settlement amount was 5,039
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crore.26, 04,752 pending cases and overall more than 1 crore cases were
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disposed of.
According to NALSA, it is "heartening to learn that the three Lok Adalat
conducted this year have surpassed the record set last year as the figures of
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record disposable cases have now reached more than 2.2 crore," in its
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statement
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"Over 75 lakh cases cleared by Lok Adalat",The Hindu, August 14,2022,available
at < https://www.thehindu.com/news/national/over-75-lakh-many-part-of-the-
pandemic-backlog-cleared-by-national-lok-adalat/article65766265.ece >(last
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visited on December 11,2022)
.
According to the Tamil Nadu State Legal Services Authority, the fourth and last
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Lok Adalat this year, held on Saturday, November 12,2022 across the State,
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resolved 70,029 cases and awarded 437.98 crore (TNSLSA).
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Since its founding, more than 15.14 lakh Lok Adalats have been held as of
30.09.2015. Through this mechanism, more than 8.25 crore cases have already
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been resolved
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"Lok Adalat",National legal service authority, available at
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https://nalsa.gov.in/lok-adalat (last visited December 11,2022)
.
On September 11, 2021, the Goyal Associates v. Adhir Kalra case, which had
been ongoing since 2009, was resolved in Lok Adalat by Sh. Raghubir Singh, Ld.
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ADJ (01), East, KKD. The plaintiff brought the lawsuit in order to get a
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judgement for Rs. 15,28,400 plus interest at a rate of 24% annually. Initially
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brought before Lok Adalat in 2011, this issue was unable to be resolved. The
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court then made many attempts to reach a settlement. The issue was finally
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resolved amicably in the Lok Adalat.
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Ref. No. 1260/19/KE,Ms. Babita Sharma, Case File No. 1260/19/ KE On July 9,
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2019, the aforementioned applicant filed a complaint with this authority
regarding a conflict with her husband. She had also complained to DCW about
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her husband. The Counselor assigned to DLSA East was referred her case by
the secretary of that division. Her husband received notice that he must appear
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before the counsellor on July 29, 2019. The Counselor conducted counselling
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sessions on July 29, August 20, and September 9, 2019.The couple's dispute
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was effectively and peacefully resolved as a result of the counselling sessions
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because the wife said that the husband's behaviour had changed for the better
and that he had committed to properly caring for and maintaining both her and
the children.
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The Lok Adalat convened on 11.02.2017 resolved the execution petition no.
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45824/2016 through an order issued by Ld ADJ Ms. Nisha Saxena. The parties
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received a decision in the matter on December 26, 2015. On April 26, 2016, a
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believe that the effectiveness of Lok Adalats will only rise if more attorneys and
judges participate in them on an administrative level. As a result, the Lok
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Adalats may eventually be granted the authority to consider the case's merits
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and render a ruling that is final.
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One of the main reasons why many people do not seek redress in Lok Adalats is
a lack of judicial literacy. Many people choose to use the conventional manner
of approaching the Courts for justice because they are unaware that the Lok
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Adalat concept even exists. There is a second group of people who are aware of
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Lok Adalats but lack faith in the procedure and the standard of justice
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delivered by them. Legal literacy, in my opinion, can resolve both of these
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problems. People should have a positive mind-set and gain more confidence in
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this method of dispute resolution after they are made aware of its existence,
effectiveness, and benefits.
In a significant decision, the Apex Court declared that Lok Adalats are not
courts because they do not use judicial adjudication to settle disputes and that
their settlement decrees cannot be used as precedents in legal proceedings by
parties who were not involved in the settlement before the Lok Adalat. In order
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to acquire land for planned industrial development in villages located in Tehsil
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Dadri, Noida administration issued a notification in March 1983. In November
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1984, compensation was paid to landowners at a cost of Rs 20 per square yard.
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All of the landowners accepted the sum owed to them without questioning the
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rate of compensation.
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The Noida authority reached a settlement with Fateh Mohammed in 2016 and
agreed to pay Rs 297 per square yard, almost 15 times more than the original
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compensation more than 30 years later. Fateh Mohammed had submitted an
application seeking reference against the Award of November 28, 1984, and it
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had been forwarded to a Lok Adalat.The opportunity was recognised by the
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other landowners, who successfully argued before the Allahabad High Court for
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a grant of compensation at the amount of Rs. 297 per square yard on the
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grounds that orders given by the Lok Adalat had precedential value. In the
Supreme Court, NOIDA questioned the High Court's decision.
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If the Award passed by a Lok Adalat under Section 20 of the Legal Services
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Authorities Act, 1987 can serve as the foundation for a redetermination of
compensation as intended by Section 28A of the Land Acquisition Act, 1894, is
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the question posed by a bench of Justices K M Joseph and P S Narasimha. By
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issuing the contested decision, the HC has determined that the Lok Adalat's
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Award can in fact serve as the basis for exercising authority under Section 28A
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of the Act.
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Writing the verdict, Justice Joseph disapproved of the High Court's position and
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asserted that Lok Adalats, as defined by the Legal Services Act, only serve to
encourage parties to settle disputes amicably. It stated that even while the Lok
Adalat verdict might be enforceable like a decree, it cannot serve as precedent
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in a court of law
Dhananjay Mahapatra," Lok Adalats not courts, no precedent value of
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settlement decree,says SC",February 5,2022,available at<
https://timesofindia.indiatimes.com/city/delhi/lok-adalats-not-courts-no-
precedent-value-of-settlement-decrees-says-sc/articleshow/89355588.cms>
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(last visited December 11,2022)
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.
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So at last, In order to respond to the initial query about whether the pros
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exceed the drawbacks or not, I would say that the pros vastly outweigh and
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outnumber the cons. This is true because the drawbacks are manageable and
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neither permanent nor harmful; rather , they may be addressed and
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overcome. Even though Lok Adalats have many advantages, there is always
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room for development. This can be accomplished by implementing more
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administrative reforms and focusing more of the executive and administrative
fronts on Lok Adalats and ADR as a whole.
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43. is dedicated Passive voice misuse Clarity
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45. place more attention → Wordy sentences Clarity
focus more
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etc.)
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For the purpose of providing litigants, Unclear sentences Clarity
attorneys, and respondents with
pertinent information and the link to
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groups are created.
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superior, unprecedented, impressive
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219. The need of the hour is frantically Significance of Lok Adalat - Legal Originality
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tomorrow. Lok Adalat is
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222
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