PATRA, J.

( 1 ) FOR extension of the Cuttack-Kujang Road near Gopalpur, a notification was issued by Government on 26-4-1963 for acquiring 0. 08 decimals of homestead land out of plot No. 608 appertaining to khata No. 222 of village Gopalpur, belonging to the respondents. On the said plot of land stood a house The Land acquisition Officer fixed Rupees 400/- as value of the homestead land at the rate of Rs. 5000/- per acre and the value of the house at Rs. 15,306/ -. To this amount of Rs. 15,706/- was added the statutory compensation calculated at 15 per cent. payable under Section 23 (2) of the Land Acquisition Act, 1894 (hereinafter to be referred to as the Act ). A sum of Rs. 18,827. 20 p. in all was offered to the respondents which the latter accepted under protest, and on their request a reference was made by the Collector under Section 18 of the Act. The Subordinate Judge, Cuttack after necessary enquiry fixed the valuation of the land at Rs. 460/and of the house at Rs. 30,000/- and together with the statutory compensation of fifteen per cent. payable thereon held that a total of Rs. 35,020-00 is payable to the respondents. Deducting the amount of Rupees 18,827-20 p. already