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2015 Supreme(SC) 509

V.GOPALA GOWDA, R.BANUMATHI
Radiance Fincap (P) Ltd. – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For Appellant : Chander Udai Singh, Vibha Dutta Makhija, Sr. Advs., Arun K. Sinha, Rakesh Singh, Sumit Sinha, Ramesh Singh, A.T. Patra, Nipun Malhotra, Roopa Dayal, Ashis Goyal, Advs. for O.P. Khaitan and Co., M.A. Chinnasamy, Smita Mann, B.S. Maan, Hitesh Kumar Sharma, Subramonium Prasad and M.P. Singh, Advs.
For Respondents: Rachana Srivastava, Utkarsh Sharma, V.B. Saharya, Advs. for Saharya and Co., A.K. Singhvi, Sr. Adv., Sunita Sharma, D.S. Mahra, Gaurav Sharma, Sushma Suri, Mohan Prasad Gupta, Aparna Bhatt, Praveen Swarup and Anil Katiyar, Advs.

ORDER

1. Heard learned Counsel for the parties.

2. Despite granting sufficient and adequate opportunity to the Respondents, they did not choose to file objections with regard to the averments made by the applicants/Appellants in their applications that they have been in physical and actual possession of the acquired land and compensation also not paid to them.

3. Since the above averments of the applicants are not controverted despite granting opportunity, the assertions made by the applicants shall have to be accepted as true and correct. Further, the right of the applicants is accrued Under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, for short 'the Act', on the date of filing of the applications as they have asserted that they have been in physical and actual possession of the acquired land and also not paid the compensation by the Respondents in respect of their acquired land. Therefore, the contention urged on behalf of the Respondents that in view of promulgation of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2014 on






















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