- (1.) Leave granted.
(2.) Pursuant to a notification under section 4(1) of the Land Acquisition Act, 1894 dated 8th June, 1978, the Government of Andhra Pradesh acquired 5 acres of land in Survey No. 212/1B of Ramanayyapeta in Kakinada Municipality for the purpose of construction of a mini-dairy. The appellant herein was the claimant before the Land Acquisition Officer, who passed an award fixing the market value of the land at Rs. 28,750/- per acre. Possession of the lands was taken on 31st August, 1978. The appellant, herein, challenged the acquisition itself by way of a Writ Petition No. 4082 of 1979, which was dismissed on 9th July, 1984. The appeal, which was preferred from the judgment of the learned Single Judge, being Writ Appeal No. 670 of 1985, was allowed on 7th February, 1991. The matter was carried to this Court by the respondents herein in SLP (C) No. 19302 of 1991, which ultimately ended in a compromise. The Special Leave Petition was disposed of on 1st September, 1992, in pursuance of the Memorandum of Settlement filed by the parties, wherein it was agreed that the date of Notification would be treated as 7th February, 1991, for all purposes, and, accordingly, the market value of the lands as prevailing on the said date was to be taken for determination of compensation.
(3.) Subsequent to the said order passed by this Court, the matter was again taken up by the Reference Court. After taking into consideration further evidence which was led and the materials on record, the Reference Court fixed the market value at Rs. 800/- per square yard and aggrieved by the same the respondents herein preferred an appeal to the High Court, being First Appeal No. 836 of 2003. During the hearing of the appeal, the Memorandum of Settlement arrived at between the parties was referred to and while on behalf of the respondents herein, it was contended that the Reference Court had wrongly fixed the market value of the acquired lands at Rs. 800/- per square yard, on behalf of the appellant herein, particular emphasis was laid on the fourth paragraph of the Memorandum of Settlement, which reads as follows :- "The compensation determined by the learned Subordinate Judge, Kakinada will have to be paid to the respondent within a period of eight weeks thereafter. In default, the Acquisition will stand set aside the rights and liabilities of the parties will be determined in accordance with law.";