137 IN THE HIGH COURT OF PUNJAB AND HARYANA AT HARPAL SINGH STATE OF PUNJAB CORAM: HON'BLE MR. JUSTICE Present: Mr. HARKESH MANUJA By way of present petition filed under Article 227 of the Constitution of India, prayer has been made for setting aside the order dated 08.08.2025 whereby the evidence of the petitioner order. [2]. Briefly stating, the petitioner filed an application/Reference petition under Right to fair Compensation and Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as purposes of de situated in village Jindwari, Hadbast No.355, Tehsil Nangal, District Rupnagar which was for compensation on account of severance allowance along with all other benefits respondent/defendant and framing of issues by learned Trail Court, the matter was adjourned for recording evidence of the parties. Vide order dated 23.05.2025, last opportunity was provided to the petitioner for leading the evidence, however, part of the applicant on 08.08.2025. [3]. In the aforesaid facts and circumstances, learned counsel for the petitioner/defendant submits t involves substantial rights of the parties and in case the petitioner is not afforded an opportunity to substantiate his defence, he IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: HARPAL SINGH Versus STATE OF PUNJAB AND OTHERS HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Randeep Tanwar, Advocate for the **** HARKESH MANUJA, J. (ORAL) By way of present petition filed under Article 227 of the Constitution of India, prayer has been made for setting aside the order 08.08.2025 passed by learned Addl. Sessions Judge, Rupnagar whereby the evidence of the petitioner-applicant Briefly stating, the petitioner filed an application/Reference petition under Right to fair Compensation and Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as purposes of determination of the actual mark situated in village Jindwari, Hadbast No.355, Tehsil Nangal, District which was acquired vide Award dated 21.07.2020 as well as for compensation on account of severance allowance along with all other benefits. Upon filing of written statements by respondent/defendant and framing of issues by learned Trail Court, the matter was adjourned for recording evidence of the parties. Vide order dated 23.05.2025, last opportunity was provided to the petitioner for ing the evidence, however, considering the delay committed on the part of the applicant-petitioner, his evidence 08.08.2025. In the aforesaid facts and circumstances, learned counsel for the petitioner/defendant submits that the determination of suit involves substantial rights of the parties and in case the petitioner is not afforded an opportunity to substantiate his defence, he IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-5571-2025 Date of Decision: August 20, 2025 ........Petitioner ........Respondents HARKESH MANUJA Advocate for the petitioner. By way of present petition filed under Article 227 of the Constitution of India, prayer has been made for setting aside the order learned Addl. Sessions Judge, Rupnagar, applicant was closed by Court Briefly stating, the petitioner filed an application/Reference petition under Right to fair Compensation and Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘2013 Act’) for of the actual market value of the land situated in village Jindwari, Hadbast No.355, Tehsil Nangal, District acquired vide Award dated 21.07.2020 as well as for compensation on account of severance allowance along with all . Upon filing of written statements by respondent/defendant and framing of issues by learned Trail Court, the matter was adjourned for recording evidence of the parties. Vide order dated 23.05.2025, last opportunity was provided to the petitioner for considering the delay committed on the petitioner, his evidence was closed by Court order In the aforesaid facts and circumstances, learned counsel hat the determination of suit involves substantial rights of the parties and in case the petitioner is not afforded an opportunity to substantiate his defence, he would suffer an 2025 August 20, 2025 By way of present petition filed under Article 227 of the Constitution of India, prayer has been made for setting aside the order , was closed by Court Briefly stating, the petitioner filed an application/Reference petition under Right to fair Compensation and Rehabilitation and ) for et value of the land situated in village Jindwari, Hadbast No.355, Tehsil Nangal, District acquired vide Award dated 21.07.2020 as well as for compensation on account of severance allowance along with all . Upon filing of written statements by respondent/defendant and framing of issues by learned Trail Court, the matter was adjourned for recording evidence of the parties. Vide order dated 23.05.2025, last opportunity was provided to the petitioner for considering the delay committed on the was closed by Court order In the aforesaid facts and circumstances, learned counsel hat the determination of suit involves substantial rights of the parties and in case the petitioner is not an TEJWINDER SINGH 2025.08.23 06:50 I agree to specified portions of this document CR-5571-2025 -2- irreparable loss and injury, thus, prays for setting aside of the impugned order. Learned counsel also points out that though the petitioner moved an application for summoning of witnesses on 08.08.2025, however, the same was dismissed by the Court below. [4]. I have heard learned counsel for the petitioner and gone through the paper book. [5]. It may be pointed out here that no notice is required to be issued to the respondent at this stage as it may further delay the disposal of the suit filed at his instance and even otherwise burden him towards unnecessary litigation expenses. [6]. Apparently there did not appear to be any jurisdictional error with the discretion exercised by the Trial Court while passing the impugned order, however purely in the interest of justice, two effective opportunities are granted to the petitioner considering the fact that dispute relates to a reference preferred under Section 64 of 2013 Act seeking enhancement of compensation and in case, he is not afforded to lead evidence, the petitioner shall not be able to put forth his claim in an effective manner and a serious prejudice would be caused to his rights. The next date of hearing i.e. 12.09.2025 fixed before the Trial Court shall be treated as first opportunity to the petitioner/defendant to lead his evidence and the next chance/date shall be fixed by the Trial Court. [7]. In view of above, the present petition is allowed and impugned order dated 08.08.2025 passed by learned Additional District Judge, Rupnagar is hereby set aside. 20.08.2025 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2025.08.23 06:50 I agree to specified portions of this document