JUDGMENT - A.M. KHANWILKAR, J.:---All these applications involve common question and are, therefore, being disposed of together by consent of the parties.

2. The question that arises in the present applications is whether the Court can pass any order which would have the effect of modifying/substituting/altering the consent decree unless parties agree for the same. The consequential question is whether in the present case the relief prayed for by the applicants for refund of the principal amount with interest can be granted.

3. Briefly stated the applicants commenced acquisition proceedings in respect of lands owned by the respondents herein. The said acquisition proceedings culminated in the award passed by the Special Land Acquisition Officer against which reference was made under section 18 of the Land Acquisition Act in which the District Court enhanced the compensation amount in favour of the respondents. Against the said awards, the applicants herein filed first appeals against the respective respondents. During the pendency of the said appeals, parties agreed to go before the "Lok Adalat" for settlement. It is not in dispute that parties accordingly came to a settlement in the "Lok Adalat" held on March 7, 1998 in the premises of the High Court and the Minutes of the Compromise was duly drawn and signed by the parties and their respective Advocates. The said Minutes were taken on record by this Court on the same day i.e. March 7, 1998 and the appeals were disposed of in view of the settlement arrived at between the parties by modifying the judgment and decree of the District Court in terms of the settlement. At this stage, it would be appropriate to reproduce the terms of compromise which were arrived at by the parties, which read thus :---

MAY IT PLEASE YOUR HONOUR

Dispute in brief is that District Court enhanced the compensation as under :---

(i) Rs. 76,800/- for 12,000-00 sq. mts. for double crop paddy field @ Rs. 6.40 per sq. mtr. (ii) Rs. 47,800/- for 11,950-00 sq. mts. for single crop paddy field @ Rs. 4/- per sq. mts. (iii) Rs. 3,49.410-00 for 1,16,420-00 sq. mts. for bharad land @ Rs 3/- per sq. mtr. (iv) Rs. 16,000/- for 4,200-00 sq. mts. for tank area @ Rs. 4/- per sq. mts. (v) Rs. 11,700/- for 11,700/- for nallah area @ Rs. 1/- per sq. mts. (vi) Rs. 36,500/- for 7,300-00 sq. mts. for areacanut garden @ Rs. 5/- per sq. mtr. Being aggrieved with the above + costs granted, present appeal filed by State.

We, that is Shri ............... appellant and Shri ............. Opposite Party/Parties and the ............. Authorised Insurer/Concerned Controlling Authority in the above said matter have arrived at the compromise to settle the matter as follows :---

---: TERMS OF COMPROMISE :---

A. Rate to be reduced as under :---

(i) Double Crop Paddy Land @ Rs. 3.20 per sq. mtr.

(ii) Single Crop Paddy Land @ Rs. 2.00 per sq. mtr.

(iii) Bharad Land @ Rs. 1.50 per sq. mtr.

(iv) Tank area @ Rs. 2.00 per sq. mtr.

(v) Nallah area @ Rs. 0.50 per sq. mtr.

(vi) Areacanut garden @ Rs. 2.50 per sq. mtr.

B. The compensation shall be payable as ¼th to the Applicant Filomena Braganza, ¼th to her husband i.e. Leandro Braganza and the remaining half to Placido Braganza.

C. Costs deleted.

D. Statutory benefits maintained.

E. No costs in the present appeals.

We have arrived at the compromise terms willingly before the "Lok Adalat" held on Saturday, 7th March, 1998 at Panaji, without any kind of coercion, threat or undue influence, allurement or misrepresentation. We request the Honourable Bench of "Lok Adalat" of the High Court to record the compromise today only and pass appropriate award and the aforesaid matter may be marked as settled accordingly.

DATED THIS 7TH DAY OF THE MONTH OF MARCH OF THE YEAR NINE- TEEN HUNDRED NINETY EIGHT.

PLACE: PANAJI.

4. The above said Minutes of Compromise was tendered before this Court in the respective appeals

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