The Court has the discretion to grant additional opportunities for the presentation of evidence in the interest of justice, even after previous failures to produce evidence.

VIVEK SINGH THAKUR, J.

1. The petitioners, along with proforma respondents No.5 to 10, are landowners-claimants, whose land had been acquired for construction of a Dam under Renukaji Project, by invoking the provisions of Land Acquisition Act, 1894, and they have preferred Land Reference Petition before the Reference Court.

2. Keeping in view the nature of the petition and the prayer made, it is not necessary to issue notice to the proforma respondents No.5 to 10.

3. It is informed by the learned counsel for the petitioners that the Land Reference Petition has been fixed for hearing on 22.2.2019, before the Reference Court.

4. Heard.

5. The present Petition has been filed against the impugned order dated 20.11.2018, passed by the Reference Court, whereby, for failure to produce evidence, despite granting 12 opportunities, the evidence of the landowners-claimants has been closed by the order of the Court.

6. On perusal of the order sheets placed on the record of this petition, I find that there is no infirmity, irregularity, illegality or perversity in the impugned order passed by the Reference Court. However, fact remains that land of the petitioners and proforma-respondents had been or is being utilized for construction of Dam under Renukaji Project and they have been deprived of their valuable property, and that they have filed Land Reference Petition for adequate and just compensation for acquisition of their land and are pursuing that petition by engaging an Advocate. It is also a matter of fact that the landowners, in the present case, are residents of a remote village in District Sirmaur, Himachal Pradesh.

Therefore, in the interest of justice, one more opportunity is granted to the landowners-claimants to lead their evidence, complete in all respects, in the following terms, subject to payment of cost of Rs. 3,000/-, which shall be deposited by the petitioners into the account of the District Legal Services Committee:

On the next date of hearing before the Reference Court, i.e. 22.2.2019, the said Court shall fix a date for recording evidence of the landowners- claimants-petitioners, after reasonable time, enabling them to produce the entire evidence of their part on that date and no further date for the said purpose shall be granted. It is made clear that in case official witnesses are to be examined, proper assistance, as requested by the petitioners- landowners, shall be provided by the Reference Court for summing and examining the said witnesses and there shall not be any omission on the part of the petitioners in taking steps and ensuring presence of witnesses. In case, the official witnesses, after their service, are not capable of attending the Court or production of entire record, for genuine reason, one more opportunity for such official witnesses may be granted, but the entire evidence shall be completed on or before 30.4.2019. Thereafter, if desired, the respondents shall be afforded a reasonable opportunity to lead evidence in rebuttal to the evidence led by the landowners-petitioners.

7. Petition stands disposed of, in the aforesaid terms, alongwith pending application, if any.