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Parmila Gupta Gets Last Chance To After 12 Years:
In a case that highlights the delicate balance between and , the has granted a last opportunity to Parmila Gupta to in a land acquisition reference that has been pending for over 12 years. The court, however, imposed creative conditions – requiring her to deposit Rs. 10,000 for young lawyers' law books and plant 25 shade-bearing trees in a public area.
A 12-Year Wait for Justice
Parmila Gupta's land was acquired by the and the . In , she filed a under , before the . The case dragged on, and when it came time for Gupta to present her evidence, she was absent – living in Australia from to . On , the trial court closed her evidence due to repeated .
Upon returning to India, Gupta filed an application on , seeking another chance to , but the trial court rejected it on , leading her to approach the High Court.
Negligence vs. Merit
Justice Anoop Kumar Dhand, presiding over the single bench, acknowledged that the petitioner had been negligent. The court noted that
"several opportunities were granted to the petitioner to lead her evidence, but on each and every date the petitioner failed to adduce the same."
The explanation that she was abroad was deemed insufficient because she had failed to avail opportunities even before leaving.
However, the court recognized that
"
are involved, which are liable to be
."
To allow the case to be decided without the petitioner's evidence would risk injustice. This led the court to craft a
.
Creative Conditions: Law Books and Trees
The conditions imposed by Justice Dhand are notable for their dual focus on professional welfare and environmental good. First, Gupta must deposit Rs. 10,000 in the 'Junior Advocates Welfare Fund for purchasing of Law Books' with the Bar Association, Jaipur, within 15 days. The amount is to be used exclusively for providing law books to young lawyers with less than five years of practice.
Second, she must plant 25 shade-bearing trees in a public vicinity within 15 days, submit photographs of the plantation, and give an undertaking to care for the trees until they attain proper shape. She is further required to submit progress photographs every six months until the conclusion of the proceedings.
The court explained that the tree-planting condition serves
"the interest of the public at large and for the greater public good,"
noting that
"trees, for as long as they thrive whether for decades or centuries will continuously and silently offer numerous benefits to the city and the surrounding community."
A Last Chance with Strings Attached
If Gupta complies with both conditions within the stipulated time, the reference court is directed to grant her a final opportunity to produce evidence on a short fixed date. However, the court made it clear that no further extensions will be given.
"In case the petitioner fails to comply with the aforesaid conditions and in case fails to record her evidence on the next date fixed by the Court below, no further time would be granted,"
the order states.
The High Court also expressed concern over the 12-year pendency of the reference and directed the trial court to without entertaining unnecessary adjournments.
With these observations, the was disposed of, and the were also closed. The case now returns to the trial court, where all eyes will be on whether Parmila Gupta seizes this last chance.
