The Rajasthan High Court has granted a last opportunity to a woman to lead her evidence in a land acquisition case pending for over 12 years, subject to her depositing Rs. 10,000 in the Junior Advocates Welfare Fund and planting 25 shade-bearing trees in a public area.

A bench of Justice Anoop Kumar Dhand was hearing a petition challenging an order of the Senior Civil Judge, Jaipur Metropolitan-I, which had closed the petitioner's opportunity to lead evidence and cross-examination in a land acquisition reference.

The petitioner had filed a reference application under Section 3(b) of the Land Acquisition Act, 2013, in 2014 after her land was acquired by the respondents. During the stage of recording her evidence, she was staying in Australia from May 17, 2019 to November 27, 2019. Her evidence was closed on September 17, 2019.

After returning to India, she submitted an application on January 2, 2020 seeking an opportunity to lead her evidence. However, the application was rejected by the trial court on January 27, 2020, prompting her to approach the High Court.

The High Court noted that several opportunities had been granted to the petitioner to lead evidence since the filing of the reference application in 2014, but she had failed to adduce evidence on each occasion. Consequently, the trial court had closed her evidence in 2019.

The Court also rejected the petitioner's explanation that she was abroad when her evidence was closed, noting that she had failed to avail the opportunities granted to her on previous occasions.

It observed that the petitioner had been negligent in pursuing the matter. However, considering that important questions of law and fact were involved and were required to be adjudicated on merits, the Court found it appropriate to grant her a last opportunity to lead evidence, subject to conditions.

The Court directed the petitioner to deposit Rs. 10,000 in the 'Junior Advocates Welfare Fund for purchasing of Law Books' maintained by the Rajasthan High Court Bar Association, Jaipur, within 15 days. The amount is to be used for providing law books to young lawyers having less than five years of practice and not for any other purpose.

The Court further directed her to plant 25 shade-bearing trees in a public vicinity within 15 days and submit photographs of the plantation along with an undertaking that she would take care of the trees until they attained their proper shape. She was also directed to submit photographs of the trees at the end of every six months until conclusion of the proceedings.

The Court explained that the direction to plant trees was issued in the interest of the public at large and for the greater public good, noting the benefits that trees would provide to the city, surrounding community and future generations.

If the petitioner complies with both conditions within 15 days, the reference court has been directed to grant her a last and final opportunity to produce her evidence by fixing a short date. However, if she fails to comply with the conditions or fails to record her evidence on the date fixed, no further time shall be granted.

The High Court also noted that the reference application had remained pending for more than 12 years and expected the reference court to make all possible endeavours to decide it expeditiously, without entertaining unnecessary requests for adjournments.

Accordingly, the petition was disposed of.

Title: Parmila Gupta v Jaipur Airport Authority & Ors.

Citation: 2026 LiveLaw (Raj) 392

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