JUDGMENT

GUPTA, J.:—This appeal by certificate granted by the High Court of Assam and Nagaland arises out of a preceding under the Land Acquisition Act for the acquisition of an area of land belonging to the appellant company (hereinafter referred to as the company) measuring 61 bighas 1 katha and 7 lechas in village Khalihamari, Mouza Dibrugarh, in District Lakhimpur. Before the acquisition proceedings started, the Assam Railway had been negotiating with the company for purchase of the land, and it appears from the correspondence on record that the Railway was prepared to pay Rs.2500/- per bigha for the land. However, the transaction was not completed as the Executive Engineer, Assam Railway, at Dibrugarh pointed out that under the State Railway Rules land from private parties could be acquired only by acquisition proceedings. Proceedings for acquisition of the land started on October 17, 1951 when the notification under Section 4 of the Land Acquisition Act was published. In the meantime, the Sub-Deputy Collector, Dibrugarh, who was deputed to find out the market value of the land, assessed the value at Rupees 1000/- per bigha. After the Railway authorities came to know of this e