Judgment

CHANDRACHUD, CJI. :- This is an appeal by certificate granted under Article 133 (1) (a) & (b) of the Constitution by the High Court of Patna in First Appeal No. 539 of 1962.

2. An area admeasuring 4.354 acres, situate in Ward No. 16 within the limits of the Patna Municipal Corporation was acquired under the Land Acquisition Act, 1894, for the purpose of the location of a Trenching Ground. The notification under Section 4 of the Act is dated September 17, 1956 and actual possession of land was taken on November 21, 1956.

3. The Land Acquisition Officer fixed the compensation at the rate of Rs. 250 per katha for arable land and at Rs. 50 per katha for the ditch, which occupied about two kathas of land. For the well compensation was awarded in the sum of Rs. 333 and for the trees in the sum of Rs. 5,127.

4. In the reference to the District Judge, Patna, under Section 18 of the Land Acquisition Act, the valuation of the arable portion of the land was fixed at Rs. 375 per katha and 1/3rd thereof was awarded for the ditch portion. The learned District Judge granted a sum of Rs. 1,000 for the well and confirmed the compensation for the trees.

5. The claimant as also the Land Acquisiti