( 1 ) THIS appeal preferred by the referring claimant is directed against the judgment and decree dated 17th February, 2002 passed by the learned Additional District Judge, 5th Court, Midnapore in L. A. Misc. Case No 1 of 2000 arising out of L. A. Case No. 15 of 1999-2000. The claimant appellant has preferred the instant appeal being aggrieved by and dissatisfied with the valuation of the acquired land assessed by the learned Judge and in not awarding proper valuation of trees and structures standing on the land along with other grounds.

( 2 ) IT appears that the claimant appellant made a reference under section 18 of the L. A. Act - I, 1894 being dissatisfied with the award made by the L. A. Collector, Midnapore in connection with L. A. Case No. 15 of 1999-2000. It appears that the L. A. Collector acquired 0. 10 acres of land of Mouza Garhmoyna in plot No. 395 under J. L. No. 207 within P. S. Moyna, District Midnapore for construction of Prajabarh to Bhagwnpur Road and it was acquired vide declaration No. 5431/la/2r-4/98 dated 29. 12. 1998 which was published in part 1 of Calcutta Gazette dated 30. 3. 1998 which was subsequently published in the locality dated 30