JUDGMENT In a writ petition filed by the appellant challenging the land acquisition proceeding an agreement was reached between the appellant and the Improvement Trust for excluding 12 kanals of land from the Scheme and to pay the appellant the compensation for the remaining land at the rate of 2 rupees per square yard. The State was a party and joined the compromise through its counsel. The matter was disposed of by the judgment at pages 44 to 46. The Scheme, however, docs not appear to have been formally modified and the' appellant had to rile an application for contempt, which was again disposed of by the order at page 48. The Improvement Trust, through its counsel gave an undertaking to release the land in presence of State counsel. Still the judgment was not implemented and the appellant had to file a second application for contempt which was dismissed at pages 54 to 62 by leaving the controversy open to be decided in an appropriate proceeding. In these circumstances the present writ petition out of which this appeal arises, was riled by the appellant for implementation of the compromise. The High Court has dismissed the petition on the ground that the State was not a party to the agreement. The conclusion of the High Court is clearly erroneous the learned counsel for the State has argued that in view or section 41 of the Punjab Town Improvement Act, 1922 it was within the discretion of the State Government to have agreed with the modification of the Scheme or not and the State cannot he forced to take a particular decision. This argument is dearly erroneous as the State is hound to modify the Scheme in view of its stand before the High Court in pursuance of which the judgment in the earlier writ petition was given. It also appears that the Collector while making the award relied upon the said agreement and fixed the compensation of the entire area at Rs 2 per square yard only. Having taken advantage of the agreement in part and having repeatedly agreed to the terms of the compromise between the appellant and the Improvement Trust, the State Government cannot now he permitted to back out. Having taken advantage of the agreement in part and having repeatedly agreed to the terms of the compromise between the appellant and the Improvement Trust, the State Government cannot now he permitted to back out. The learned counsel for the Improvement Trust, Amritsar, has stated that houses have already been constructed on the acquired land in accordance with the Scheme and it will he against the public interest to disturb the position now. The counsel for the appellant, after taking instruction, indicated the willingness of the appellant to accept only compensation for the entire land to he calculated at the market rate prevailing on April 19, 1983. We have considered the relevant circumstances and we arc of the view that the stand taken by the appellant is fair. Accordingly, we direct that no part of the land in question shall he given hack to the appellant hut the compensation for the entire area shall he paid at the market rate prevailing on April 19, 1983, the date on which the present writ petition was dismissed by the High Court. The valuation will he fixed by the Civil Court in the same manner as it is done on reference under section 18 of the Land Acquisition Act. Let the High Court pass necessary orders sending the matter to the Civil Court for fixing the valuation without delay and let the Civil Court determine the valuation as expeditiously as may he possible. The appellant will he paid the compensation within a period of three months from the final determination of the valuation. The appeal is allowed in the above terms. There will he no order as to costs.