HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE P.DURGA PRASAD WRIT APPEAL No.964 of 2003 DATE:29-11-2010 BETWEEN Govt. of Andhra Pradesh, rep. by its Secretary, I & CADA, Secretariat, Hyderabad & Others. …Appellants AND P.Rama Rao & Others …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE P.DURGA PRASAD WRIT APPEAL No.964 of 2003 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal under Clause 15 of the Letters Patent is directed against the order of the learned single Judge of this Court made in W.P.No.9943 of 1999, dated 11.8.1999 whereunder a consent order was passed allowing the writ petition directing the respondents-writ appellants to complete the proceedings under the provisions of the Land Acquisition Act, 1894 (for short ‘Act’) and pass an award within a period of six months from the date of receipt of a copy of the order. Sub-section (3) of Section 96 of Code of Civil Procedure, bars filing of an appeal against the decree passed by the Court with the consent of the parties. The grievance of the writ petitioners is that an extent of Ac.11.13 ½ guntas of land belonging to them was acquired for the purpose of approach road connecting to two villages by issuing notification under Section 4(1) of the Act on 21.11.1991. Whereas possession of the land was taken earlier to the issuance of notice under Section 4(1) of the Act. The Land Acquisition Officer passed an award determining the compensation both as on 1.7.1953 and also as on the date of publication of the notification under Section 4(1) of the Act on 21.11.1991, but the compensation, so far, has not been paid to them nor any notice of the passing of award was issued. Therefore, the writ petitioners sought for a direction to the writ appellants to pay the compensation as determined by the Land Acquisition Officer as on the date of publication of notification under Section 4(1) of the Act as per the award No.13/1992-1993, dated 2.4.1993 by declaring the application of provisions of the Nagarjuna Sagar Project (Acquisition of Lands) Act 32 of 1956 for the acquired lands in Award No.13/1992-1993, dated 2.4.1993 passed by the Land Acquisition Officer as illegal and arbitrary. Before the learned single Judge of this Court, both the counsel agreed to dispose of the writ petition in the light of the orders passed by this Court in W.P.No.14059 of 1991, dated 18.6.1997 as the principle laid down there was already upheld by the Supreme Court. When once the writ petition has been disposed of with consent, appeal cannot be maintainable in view of Section 96(3) of C.P.C. against the consent decree. Further it is also noticed that the possession of the land has not been taken pursuant to the issuance of the notice as admitted in ground No.9, and whereas, advance possession was taken not pursuant to any notification. Therefore, the principle laid down in by the Supreme Court in Civil Appeal No.3274-75 of 2003, dated 10.8.2005, on which reliance is placed, is not applicable to the facts of the present case. The Writ Appeal is accordingly dismissed. No order as to costs. _______________ A. GOPAL REDDY, J. _________________ P. DURGA PRASAD, J. NOVEMBER 29, 2010 Tsr.