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2026 Supreme(Raj) 772
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND, J.
Parmila Gupta W/o Shri Ashok Gupta - Appellant
Versus
Jaipur Airport Authority, Through Controller Airport Jaipur Rajasthan - Respondent
S.B. Civil Writ Petition No. 4350 Of 2021
Decided On : 16-09-2026
Important Points
Subject
Civil Law - Land Acquisition
Act Referred
Headnote
(B) Civil Procedure - Imposition of costs and conditions - Power of the court to direct payment into welfare funds and environmental initiatives like planting trees to balance the negligence of a party while ensuring the matter is decided on merits. (Paras 6, 7, 8)
Facts of the case:
A reference application under the Land Acquisition Act, 2013 was filed in 2014. The trial court closed the evidence of the petitioner after multiple missed opportunities. The petitioner sought to reopen the evidence, stating she was abroad during the period the evidence was closed. The trial court rejected the application to allow for further evidence.
Findings of Court:
While the petitioner was negligent and the reason for absence on the specific date was not justified given previous defaults, the presence of significant legal and factual questions necessitates a decision on merits.
Issues: Whether the petitioner should be granted a final opportunity to lead evidence despite previous negligence and the rejection of the application by the trial court.
Ratio Decidendi: The court held that for the purpose of deciding a case on its merits, especially where important facts and law are involved, a last opportunity to lead evidence can be granted even to a negligent party, provided the party complies with specified compensatory conditions, such as financial deposits for welfare and environmental restoration.
Result: Petition disposed of with directions to grant a final opportunity to produce evidence upon compliance with the condition to deposit a specified amount in a welfare fund and plant 25 shade-bearing trees.
Advocate Appeared:
For the Appellant : Mr. Bhanu Prakash Verma
For the Respondent: Mr. Om Prakash Pareek
Order :
ANOOP KUMAR DHAND, J.
1. The instant writ petition has been preferred against the impugned order dated 27.01.2020, passed by the Senior Civil Judge, Jaipur Metropolitan-I in Reference Case No. 19/2014, by which the application submitted by the petitioner for granting her opportunity to lead her evidence and conducting cross-examination has been closed.
2. Learned counsel for the petitioner submits that the land of the petitioner was acquired by the respondents, hence the petitioner submitted a reference application under Section 3(b) of the Land Acquisition Act, 2013 with multiple prayers before the Court of Senior Civil Judge, Jaipur Metropolitan, Jaipur in the year 2014. Counsel submits that during the time when the case was posted for recording the evidence of the petitioner, the petitioner was staying abroad, particularly w.e.f. 17.05.2019 till 27.11.2019 and in the meantime, her evidence was closed on 17.09.2019. Counsel submits that the petitioner returned from abroad i.e. Australia on 27.11.2019 and immediately thereafter, an application was submitted by her requesting an opportunity to lead her evidence. The said application was submitted by the petitioner on 02.01.2020, but the Court below has rejected the application by passing the impugned order dated 27.01.2020. Counsel submits that important questions of law and facts are involved in the reference application submitted by the petitioner and the same cannot be adjudicated/decided in absence of the evidence of the petitioner. Hence, a last opportunity be granted to the petitioner for the said purpose.
3. Heard and considered the submissions made at the Bar and peruse the material available on the record.
4. Perusal of the record indicates that a reference application has been submitted by the petitioner under Section 3(b) of the Land Acquisition Act before the Senior Civil Judge in the year 2014. Since the date of filing the application, several opportunities were granted to the petitioner to lead her evidence, but on each and every date the petitioner failed to adduce the same. Hence, considering this material aspect of the matter, the Court below has closed the evidence of the petitioner on 17.09.2019.
5. It is the case of the petitioner that on the fateful day when her evidence was closed i.e. on 17.09.2019, the petitioner was not available in the country. She was in abroad i.e. at Australia w.e.f. 17.05.2019 till 27.11.2019.
6. This cannot be a justified reason because the petitioner has failed to avail the opportunities on previous occasions. Hence, it is clear that the petitioner was negligent in pursuing her matter before the Senior Civil Judge. But looking to the fact that important questions of law and facts are involved, which are liable to be adjudicated and decided on merits by the learned Court below, this Court deems it just and proper to dispose of the instant petition by granting last opportunity to the petitioner for leading evidence with the following conditions:
“(i). The petitioner would deposit a cost amount in the sum of Rs.10,000/- (Rupees Ten Thousand only) in the ‘Junior Advocates Welfare Fund for purchasing of Law Books’ with the Rajasthan High Court Bar Association, Jaipur within a period of fifteen days from today.
(ii). The amount so deposited by the petitioner, would be utilized for providing law books to the young budding lawyers, who are having less than five years of practice at Bar and not to be utilized by the Bar Association for any other purpose.
(iii). The petitioner would further implant 25 shade bearing trees in public vicinity area within a period of 15 days from today, and would submit a photograph of the same with an undertaking before the Court below within a period of three weeks from today that she will take care of these plants until these plants get their proper shape and she would submit the actual photographs of trees at the end of every six months in every year till conclusion of the proceedings before the Court below
