( 1 ) A few facts need be noticed in order to appreciate the claim made in this appeal.

( 2 ) BY notification issued by the State Government in the Revenue Department dated 10/01/1974 under sec. 4 of the Land Acquisition Act the intention to acquire the property bearing City Survey No. 3/3222 comprising the land bearing S. No. 126 and the building standing thereon situate within the town limits of Khambhat was declared for public purpose for Vegetable Market Yard. It should be recalled that the land in question is of the ownership of one religious public trust namely Galiyara Panch and Kalka Mataji Temple Trust Khambhat and permanent lease hold rights were granted in respect thereof to one Kavidas Parshottamdas who died during the pendency of these proceedings by registered lease deed of 31/03/1924 The building consists of a bungalow and 9 rooms attached thereto which were constructed by the leasee. The State Government published a notification under sec. 6 acquiring the said property on 1/05/1975 General notices under sec. 9 (1) and (2) of the said Act had been published on 24/07/1975 The individual notices as required under sec. 9 (3) and (4) have been served upon the concerned persons. In pursuance of notices under sec. 9 the land owner preferred claim for compensation for the land at the rate of Rs. 35. 00 per sq. yard and prayed that the amount of compensation as determined may be apportioned in the proportion of 75:25 between the Trust (hereinafter referred to as the landowner) and said Shri Kavidas Parshottamdas (hereinafter referred to as the lessee ). They declared before the Land Acquisition Officer that they had no concern with the construction of the super- structure and consequently for the compensation thereof. As far as the lessee was concerned it appears from the award of the Land Acquisition Officer that the lessee has not submitted any claim for compensation in respect of the land and/or structure. The Land Acquisition Officer determined the price of the land which was admeasuring Are 26-30 sq. metres which is equivalent to 2630 sq. metres at Rs. 13150. 00 and granted additional compensation at the statutory rate of 15% of the market price amounting to Rs. 1 972 which aggregated to Rs. 15 122 But of the aggregate amount of compensation as above the Land Acquisition Officer apportioned the same between the land owner and the lessee in proportion of 60:40. As regards the superstructure the Land Acquisition Officer assessed the value of the construction as shown at P in the map prepared by the Deputy Engineer at Rs. 371 after deducting the amount of depreciation of Rs. 16 160 from the value of the construction of Rs. 16731. He apportioned this amount between the land owner and the lessee in the same proportion and awarded Rs. 222-60 to the landlord and Rs. 148-40 to the lessee. He awarded additional compensation at the statutory rate of 15% on both these amounts to the land owner and the lessee

( 3 ) AT regards the valuation of the structure shown at Q in the aforesaid map the land Acquisition Officer assessed it at Rs. 652/- after deducting the depreciation of Rs. 28 342 from the value of the structure at Rs. 28 994 Since this was constructed by the lessee the entire amount of Rs. 652. 00 together with additional compensation at the statutory rate of 15% thus aggregating to Rs. 749-30 to the lessee.

( 4 ) IT appears that both the land owner and the lessee being dissatisfied with the offer made by the Land Acquisition Officer vide his award of 30/06/1976 as aforesaid sought reference under sec. 18 of the Land Acquisition Act which was granted and they were numbered as Land Acquisition Case No. 39 of 1976 by the land owner and Land Acquisition Case No. 40 of 1976 by the lessee. It should be noted that so far as the lessee was concerned though he had not preferred any claim of compensation before the Land Acquisition Officer he claimed compensation for the land at the rate of Rs. 45. 00 per sq. yard