JUDGMENT - A.V. SAVANT, J.:---Rule. By consent, rule made returnable forthwith and heard both the learned Counsel; Shri Apte for the petitioners and Shri Gokhale, Assistant Government Pleader for the respondents.

2. The short point which arises for our consideration is whether, in an inquiry under section 5-A of the Land Acquisition Act, 1894 is it obligatory on the Land Acquisition Officer to give personal hearing to the citizen, without the citizen having prayed for such a personal hearing. In other words, when in pursuance of the Notice under section 4(1) of the Land Acquisition Act, a citizen only files his objections and does not demand a personal hearing though such an opportunity was given to him in writing, is it still necessary to give him personal hearing? A few facts may be stated first.

3. What is sought to be challenged in this petition is the acquisition of lands for a public purpose viz. resettlement of persons displaced on account of Kumbhi Project in taluka Gaganbawda, District Kolhapur. The acquisition is under the Maharashtra Resettlement of Project Displaced Persons Act, 1976 (for short "the 1976 Act"). Under section 11 of the 1976 Act, the relevant notification

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