In the High Court of Punjab and Haryana at Chandigarh C.W.P.No.10328 of 2008 Date of Decision:01-07-2008 Union of India ---Petitioner vs. Mrs. Vandana Ahuja and others ---Respondent Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr. I.S.Sidhu, Advocate, for the petitioner M.M.KUMAR, J. Challenge in this petition filed under Article 226 of the Constitution is to order dated 16.5.2005 passed by the Permanent Lok Adalat, Union Territory, Chandigarh. According to the impugned order, the parties to civil suit No. 23 dated 17.2.2005 have made the statements to the effect that the matter has been compromised between them in respect of moveable and immovable property of late Sh. Lalit Mohan Abrol and compromise was also placed on record. On the basis of the aforementioned C.W.P.No.10328 of 2008 -2- statements and compromise award was passed by the Permanent Lok Adalat which reads as follows:- i) Both the plaintiffs will pay a total sum of Rs. 5,85,000/- to the defendant towards the value of the movable and immovable properties left by Late Shri Lalit Mohan Abrol. ii). Both the plaintiffs will hand over the share certificates to the defendant as per detail given on the 2nd page of compromise Ex. P-1 and also execute/sign all the documents in favour of the defendant required for the encashment of the shares. iii) All the service benefits of Late Shri Lalit Mohan Abrol, to be released by the Accountant General (Audit), Punjab will be distributed/shared equally by the plaintiffs and defendant. iv) Both the plaintiffs will succeed for the rest of the entire properties including house left by Sh. Lalit Mohan Abrol and the defendant will not claim any right, title ore interest in those properties nor raise any objection. The defendant will execute/sign all the required documents in this respect. v) Henceforth the defendant is exclusively entitled to the family pension to be released by the said department. Both the plaintiffs will sign each and every document regarding this in favour of the C.W.P.No.10328 of 2008 -3- defendant to be asked by the said department. The statements and compromise Ex. P-1 shall form part of the award. Copy of the award be supplied to the parties free of cost and then the case file be sent back to court concerned for being consigned to the record room.” The Union of India has challenged the aforementioned order by raising objection to the compromise forming part of the award to the extent that Item Nos. (iii) and (v) of the compromise have been imposed upon the petitioner and they were not impleaded as party respondent in the suit. It is submitted by the learned counsel that without the consent of the petitioner Lok Adalats could not have passed such an award binding the petitioner to release the service benefit of late Sh. Lalit Mohan Abrol. Having heard the learned counsel, we are of the considered view that this petition is devoid of merit because in Item Nos. (iii) and (v) of the Award no direction has been issued to the petitioner-Union of India to grant any specific benefits to the respondents. In item No. 3 it has been merely said that parties to the litigation would be entitled to equal share in all service benefits of late Sh.Lalit Mohan Abrol, which are to be released by the Accountant General (Audit), Punjab. Likewise, the compromise and award, in Item No. 5 it has stated that Smt. Asha Abrol would be exclusively entitled to the family pension which is to be released by the petitioner department and all the documents were to be signed by both the daughters namely Ms. Vandana Ahuja and Ms. Puneeta Gilhotra. There is C.W.P.No.10328 of 2008 -4- not direction issued to the petitioner-Union of India. The award of the Lok Adalat has been made on the basis compromise. There is, thus, no ground to interfere. Dismissed. (M.M.KUMAR) JUDGE (SABINA) JUDGE July 01, 2008 paramjit