GOSWAMI, C. J. :- This application under Art. 226 of the Constitution of India is directed against an award of the District Judge, Lower Assam Districts, made on 31st August 1970 under the Defence of India Act, 1962, hereinafter called the Act.

2. Briefly the facts are as follows : The Government of Assam, by a notification dated 17th March 1964, acquired some land of the petitioner measuring 52 Bighas 1 Katha 7 Lechas, covered by different Dags and Pattas of Rangiya town, Mouza-Panduri of District Kamrup. The land had earlier been requisitioned under Section 29 of the Act. The Collector granted compensation to the petitioner at the rate of Rs. 3000/- per bigha. The petitioner, being aggrieved by the amount of compensation determined by the Collector, sought for a reference under Sec-37 of the Act. The petitioner states that the Collector made undue delay in referring the application to the arbitrator. The said application was, however, taken up by the learned arbitrator for disposal and was numbered as Misc. Case No. 2 of 1969. The learned arbitrator disposed of the above case along with two other applications and increased the valuation of the land to Rs. 10,000/- per big