( 1 ) THIS appeal is directed against a judgment and order dated April 21, 1971. A rule nisi was obtained by the appellant for quashing an Award relating to acquisition of the appellant's land under the Land Acquisition Act, 1894, hereafter referred to as the Act. The appellant purchased some land including a tank at Honvrah and set up a Factory on this land. The Howrah Improvement Trust initiated proceedings for acquisition of the appellant's hinds which were included in C. S. Plots Nos. 1296. part of 1297 and 1298 for an improvement scheme of that locality in Howrah. Of these plots, plot No. 1296 contains a tank. The appellant filed claims in respect of the plots and an award was made in respect of plot No. 1297 (part) and nlot No. 1298 on March 26, 1966. Possession of the plots was taken on March 30, 1966, by the Collector. Thereafter, another award was made on August 19, 1966, with respect to plot No. 1296 which was a tank. On August 24, 1966, the Collector's representative came to take possession of the tank, but the appellant refused to give possession and filed a petition before the Collector asking that possession should not be taken as the award was illega