THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4184 of 2002 Dated:06.02.2008 Between: Dangeti Sreeramulu. …Petitioner and The Land Acquisition Officer & Revenue Divisional Officer, Kakinada, East Godavari District, and another. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4184 of 2002 ORDER: The petitioner is the owner of land admeasuring Ac.0.41 cents in Survey No.252/1 and Ac.0.37 cents in Survey No.252/4 situated at Tammavaram, Block No.2. The said land formed part of Acs.75.89 cents which was acquired for Essar Gujarat Limited under the provisions of the Land Acquisition Act, 1894 (the Act, for brevity). An Award was passed on 30.04.1991. The petitioner did not seek any reference for enhancement. However, at the instance of other persons, a reference, being O.P.No.44 of 1992, was made to the Court of the Principal Senior Civil Judge, Kakinada. By decree dated 30.09.1999, the compensation was enhanced from Rs.65,000/- to Rs.91,350/- excluding other statutory benefits. The petitioner, therefore, sent an application dated 15.10.1999 under Section 28- A of the Act seeking redetermination of the compensation. The petitioner alleges that the said application was acknowledged by the Office of the District Collector on 26.10.1999, but no reference was made. Therefore, the present Writ Petition is filed seeking a direction to the respondents to redetermine the compensation for the petitioner’s land. The Writ Petition was admitted by this Court on 05.06.2002. The learned Government Pleader for Land Acquisition entered appearance, but the respondents so far did not file counter affidavit. The attention of this Court has been invited by the learned Counsel for the petitioner to the copies of acknowledgements showing that the petitioner sent a representation/application under Section 28-A of the Act. Applying the principle of non-traverse, this Court has been compelled to draw an inference that the petition averments stand unrebutted. When the application is pending before the respondents, they ought to have determined the compensation awarded to the petitioner in accordance with the judgment and decree of the civil Court in O.P.No.44 of 1992. As this was not done, it is appropriate case to issue a mandamus. In the result, this Writ Petition is disposed of directing the first respondent to redetermine the compensation awarded to the petitioner in accordance with the judgment and decree of the civil Court of the Principal Senior Civil Judge, Kakinada, in O.P.No.44 of 1992, dated 30.09.1999. This exercise may be completed within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. ____________ (V.V.S.RAO, J) 06.02.2008 vs