JUDGMENT

KASLIWAL, J. - This appeal by special leave is directed against the judgment of Delhi High Court dated August 10, 1976 in Civil Revision No. 354 of 1975. Agricultural land measuring 78 bighas and 14 biswas belonging to the appellants situated in village Garhi Peeran was acquired under the Land Acquisition Act, 1894 (hereinafter referred to as the Act). The Land Acquisition Collector passed an award on October 10, 1967 allowing compensation for land in block A @ Rs. 2300 per bigha and in block B @ Rs. 1200 per bigha. The claimants/appellants submitted an application under Section 18 of the Act for making a reference to the court. The Collector made a reference to the court in pursuance to the said application submitted by the appellants. The Additional District Judge by judgment dated January 15, 1971 increased the amount of compensation to Rs. 4000 per bigha for land in block A and Rs. 2500 per bigha for land in block B. The appellants filed an application on January 16, 1971 under Sections 151-153 CPC before the Additional District Judge praying that the land in Khasra Nos. 408, 411, 763, 764, 891, 893, 410, 432, 433, 504, 506, 761, 900, 901 and 904 had not been shown by the Land Acquisition Collector in the statement under Section 19 of the Act although he had sent the names of all the Bhoomidars of the aforesaid land. The mistake was on the part of the Land Acquisition Collector and the appellants should not suffer on account of the mistake or oversight of the Collector. It was thus prayed that in the interest of justice the Collector may be directed to file a revised statement under Section 19 of the Act giving the details of the whole of the land belonging to the claimants which had been left out on account of accidental slip or omission. The application was opposed on behalf of the Union of India. The Additional District Judge after hearing the parties at length, by order dated February 18, 1975 allowed the application and directed the Land Acquisition Collector concerned to furnish the correct statement under Section 19 of the Act regarding the land acquired of the appellants.

2. Aggrieved by the aforesaid order of the Additional District Judge, Union of India filed a revision before the High Court. The High Court by judgment dated August 10, 1976 allowed the revision and set aside the order of the Additional District Judge dated February 18, 1975. The appellants have now, come in appeal against the order of the High Court.

3. We have heard learned counsel for the parties and have perused the record. There is not manner of dispute that the land acquired was 78 bighas and 14 biswas and the appellants were entitled to the compensation of the entire land. The Land Acquisition Collector gave an award and the appellants being not satisfied with the amount of compensation submitted an application for making a reference to the court under Section 18 of the Act. A perusal of the application submitted by the appellants under Section 18 of the Act shows that in para (1) it was stated as under :

"That the claimants land details of which are given in the schedule has been acquired under the aforesaid award. The Collector has awarded a very low rate of compensation to which claimants are not satisfied as their claims have not been adequately considered by the Collector."

Thereafter grounds of reference were stated and ground (9) which is relevant for our purpose is reproduced as under :

"(9) That the claimant petitioners claim compensation for the whole of their land at the rate of Rs. 20,000 per bigha, Rs. 10,000 for the well and Rs. 200 each for each tree. They further claim Rs. 60,000 each for their resettlement as their entire land in the village has been taken away under the acquisition and they have been uprooted. They also claim 15 per cent solatium and interest at the rate of 6 per cent per annum on the enhanced amount of compensation plus the solatium with effect from March 4, 1963."

A schedule of land belonging to