MISRA, J.

( 1 ) THE State of Orissa acquired 2. 75 acres of land in village Gamdera for the belpahar Refractory company (Respondent-2), hereinafter referred to as the: company Out of the aforesaid land, 0. 22 acre belonged to Respondent-1 The Land acquisition Collector fixed the compensation at the rate of Rs 420 per acre and passed an award for 92. 40 paise. On the objection of respondent-1, the Collector made a reference to the District Judge under Section 18 of the Land Acquisition act for determination of compensation. The matter was ultimately heard by the learned Subordinate Judge. Sambalpur, who valued the disputed land at Rs. 3300/ -. He also decreed a sum of Rs 495/- representing fifteen per cent of the basic. compensation towards solatium under Section 23 (2) of the Land acquisition Act Interest was granted at six per cent per annum from the date of. dispossession. Against the judgment of the learned Subordinate Judge the first appeal has been filed by the State of Orissa.

( 2 ) MR. Mohanty tor the Company contended that the Company was a necessary party and that though in fact it was added as a party by the learned Subordinate judge, no notice of the reference was give