Public hearing
Chandan Garg
(Querist) 28 April 2010
This query is : Resolved
Situation is : A public hearing was conducted for environment clearance. In the middle due to rage of villagers , lathi charge held.
adm orally said i am setting aside the public hearing , but again started without leaving his seat.
Whether this amount to set aside or not.
what affidavit should the ADM and RO give to Appellate tribunal??
Raj Kumar Makkad
(Expert) 28 April 2010
Once announced to set aside the hearing, cannot be conducted as such without publicly announcing to take up again. Moreover, the jurisdiction of power to revision of its own decision ends soon after pronouncement. If public authorities do not firm to their words, how can the belief of common man can be attached to them.
So I am of the firm opinion that the proceeding already declared set aside stands as such and subsequent exercise is nothing but a nullity especially in the given circumstances when even lathi charge had to be ordered.
Chandan Garg
(Querist) 28 April 2010
Thanks for reply
But please tell that as the Public was not in control at that time they were throwing chairs and all . but after lathi charge he said ok i will listen again ... then same day he concluded the hearing at fixed time.
is that hearing a nullity??
