Judgment

SHELAT, J. : This appeal by certificate from the High Court at Allahabad involves the question as to the valuation of a piece of land belonging to the appellant situate outside the town Nehtaur, in District Bijnor, U. P. The land admeasures 6 pucca bighas and is grove land having in all 123 trees of which a number are mango and naspati trees.

2. The notification under S. 4 of the Land Acquisition Act, 1 of 1894 was issued On December 22, 1945 in which it was stated that the land was being acquired for a public purpose, viz., the construction of a hostel, etc., of S. N. S. M. High School at Nehtaur. Possession of the land was taken from the appellant on July 4, 1947. The Collector of Bijnor made his award under S. 11 of the Act fixing Rs 1,167-4-0 as compensation for the trees, Rs. 1,050-12-0 as compensation for the land and adding 15 per cent solatium awarded the total sum of Rs. 2,218. A reference was thereafter made under S. 18 at the instance of the appellant to the District Judge, Bijnor. Both the appellant and the Government led oral evidence and also adduced evidence of certain specimen of exemplar sales. Besides the oral evidence the appellant relied on two sale-deeds