Union Of India & Ors vs Krishan Lal Arneja & Ors on 28 April, 2004
19. Mr. Dave has argued with emphasis, that the
personal hearing envisaged to an interested person under
section 28(3) of the Act had in fact not been given to the
appellants and that the proceedings held by the Collector
pursuant to the notice dated 12th December 2005 were a mere
eye wash. He has pointed out that as per the written
objections filed by the petitioner on 16th January 2006, a
specific request had been made for a personal hearing, but
notwithstanding the request the Collector gave his decision on
the objections on 2nd February 2006 and the final Notification
was issued on 2nd June 2006. To supplement his argument
that in the absence of a personal hearing under section 5(A) of
the Land Acquisition Act, or section 28(3) of the Act stand
vitiated, Mr. Dave has placed reliance on Shri Farid Ahmad
Abdul Samad & Anr. Vs. The Municipal Corporation of City
of Ahmedabad & Anr. (1976) 3 SCC 719, Rambhai Lakhabai
Bhakt vs. State of Gujarat & Anr. (1995) 3 SCC 752, Om
Prakash & Anr. Vs. State of U.P. & Ors. (1998) 6 SCC 1,
Union of India & Ors. vs. Mukesh Hans (2004) 8 SCC 14,
Union of India & Ors. vs. Krishan Lal & Ors. (2004) 8 SCC
453, Hindustan Petroleum Cor.