The Collector is required to form his own opinion as to what compensation should be payable and not merely hold that some compensation is payable.

( 1 ) THE main question raised in this appeal is a question of law, namely, whether an award made by a Land Acquisition Collector under Section 11 of the Land Acquisition Act is a nullity, because of the omission of the Collector to include therein compensation claimed by the owner of an adjoining land in respect of easement over the land acquired, when such omission is the result of the Collector's opinion that no such compensation should be allowed. The respondent Narbada Baa brought the suit for a declaration that she was entitled to a right of easement in respect of certain windows on the ground, first and second floors on the western side 6f her premises No. 161, Lower Chitpore Road and to have access of light and air into the rooms, thereof through the said windows; for an injunction restraining the appellant, Jivraj Jivandas Khimji, from interfering with the right of easement and with the access of light and air through the windows for a permanent injunction directing him to remove and pull down obstructions which had been put up; for a permanent injunction restraining him from proceeding with the construction of a boarding or from putting up construction of any kind so as to obstruct the access of light, and for damages. Admittedly, 16 Ezra Street was acquired' by the Board of Trustees of the Calcutta Improvement Trust under the provisions of the Land Acquisition Act and after an award under S, 11 of the Land Acquisition Act was made, the Collector took possession thereof. If this is a valid award the property vested in the Government is absolutely free from all encumbrances and so free from the operation of the easement, if any? which the plaintiff had in respect of the access of light to his premises. 161 Lower Ghitpore Road, The plaintiffs case is that he had, such an easement; that that easement had, not been in any way affected by the award inasmuch as the award is a nullity, and as the defendant had recently planted three iron pillars on the extreme eastern boundary of the premises No. 16; Ezra Street and placed iron angles crosswise upon these pillars with a view to putting up a hoarding, he brought the suit for the declaration of his right of easement and for other reliefs as mentioned earlier. In the court below the appellant challenged, inter alia, the plaintiffs averment as regards the existence at any time of any right of easement on the basis of which he could claim the access of light and air unobstructed by any construction on the premises No. 16, Ezra Street. We are no longer concerned however, with this aspect of the case as the conclusion of the trial court that there was such a right of easement at the date of the acquisition and also that if the constructions as alleged are put up, there will be an obstruction to light and air to the plaintiff's premises so as to amount to a nuisance, is not disputed. The main contention of the defendant which concerns us now was, as set out in paragraph 15 of his written statement, in these words 'with further reference to paragraph 13 of the plaint the defendant states that by reason of the said Award and by reason of the said Collector having thereafter taken possession of the said premises No. 16, Ezra Street, Calcutta, the same vested in the Government absolutely free from all encumbrances as provided in the special statute of, Land Acquisition Act, and the right of easement even if any of the plaintiffs has been fully and completely extinguished by virtue of such vesting, by statute declared free from all encumbrances. "

( 2 ) THE main dispute in the trial court was therefore over the question whether the award of the Collector was a nullity. Among the grounds averred by the plaintiff as the basis of his case that the award was a nullity were the statements that the Collector had arbitrarily refused to adjudge upon the claim put forward by the plaintiffs predecessor-in-interest, Mussamat Halima Ariff Bham, who, at the date of the acquisition, w