LODHA, C. J. :- This is an appeal by the Collector of Kamrup under Section 54 of the Land Acquisition Act, 1894 against the award by the Assistant District Judge No. 1, Kamrup dated 17-1-1970 whereby he awarded the following items to the respondent by way of compensation of the land acquired :

(i) Rs. 2,500/- on account of the price of the land measuring 5 Bighas;

(ii) Rs. 2,000/- on account of two houses built on the land; and

(iii) Rs. 7,000/- on account of the price of 70,000 bricks lying on the land.

2. Learned counsel for the appellant has raised objection as to the last item of Rs. 7,000/- only. His contention is that this item of compensation does not fall under any of the clauses of Section 23 which deals with matters to be considered in determining the compensation. It is urged that the bricks lying on the land cannot be considered as a part of the land nor the price of the bricks can be awarded by way of damages as it is not the respondents case that he sustained damage at the time of Collectors taking possession of the land by reason of the acquisition injuriously affecting his other property.

3. On the other hand learned counsel for the respondent submits that the i