Judgement

P. JAGANMOHAN REDDY, J. :- These appeals are by certificate against the judgment of the Patna High Court in land acquisition appeals. Two notifications dated 7-7-1954 under S. 4 of the Land Acquisition Act 1894 (Act 1 of 1894) (hereinafter called the Act ), were issued one in respect of a portion of Plot Nos. 178 and 1784 admeasuring 2.65 acres and the other in respect of the whole of the plot No. 1783 admeasuring 2 acres situated in Ward No. 3 of Ranchi Municipality. Section 6 notification in respect of these lands was published on 7-9-1954 and possession was taken on 23-9-1954 under S. 17 (1) after making a declaration under section 17 (4) that the provisions of section 5A shall not apply. The Collector awarded compensation of Rs. 1,20,419-6-11 in respect of the first acquisition and Rs. 47,648-13-6 in respect of the second. Thereafter, at the instance of the claimant, a reference under S. 18 of the Act was made to the Judicial Commissioner of Chhota Nagpur, Ranchi who, while maintaining the market value of the land awarded by the Collector, gave further compensation for severance at the rate of 5% and 10% in respect of potential value of the land. The Judicial Commissi