( 1 ) THIS is the State's appeal, arising out of a Land Acquisition proceeding. The acquired land is a strip 6 ft. wide by the side of a public lane (Ganesh Banerjee Lane) in Dhakuria and the acquisition is on behalf of the Municipality for widening that lane. The strip stretches in length along Ganesh Banerjee Lane which adjoins, it on the west and its width (6 ft.) abuts on the main thoroughfare Sarat Ghose Garden Road which is to its adjacent north. It measures 3 kattas, 10 chittaks and 30 sq. ft. and it forms part of c. s. plot No. 658 (of mouza Dhakuria) which has an area of 41 acre and belongs to the claimants-respondents.

( 2 ) THE relevant notification under Section 4 of the Land Acquisition Act is dated the 27th February, 1947. It was published in the Calcutta Gazette on the 16th March, 1947. Statutory declaration under Section 6 of the Act was made on the 23rd February, 1948, and it was published in the Calcutta Gazette on the 26th February, 1948. The Collector gave his award on the 27th October, 1948, valuing the land at Rs. 1,000/- per katta, and for trees etc. he awarded Rs. 40/- and his total award, including the usual statutory allowance at 15 p