A. MISRA, J.

( 1 ) THE State is the appellant against an award passed by the Special Judicial officer at Cuttack performing the functions of a court on a reference under Section 18 of the Land Acquisition Act I of 1894 (thereinafter to be referred to as the Act ).

( 2 ) A 2. 36-51/2 kadis of land situate In village Bhitargarh was acquired in pursuance of a notification issued under Section 4 (1) of the Act on 31-10-1961, though in the impugned order the date of acquisition has been erroneously mentioned as 5-9-1963, The Land Acquisition Officer awarded a total compensation of Rupees 816. 10 fixing the value of the acquired land at Rs. 709. 65 and additional compensation by way of solatium at Rs. 106. 45. The respondent claimed Rs. 5,000/- per acre towards the value of the acquired land, Rs. 3,000/towards the value of the house and tank alleged to have existed thereon, Rs. 5,000/- towards the embankment of the land, Rs. 15,000/- as damages for the loss of fishing, besides some amount towards the loss of income from paddy dealers and loss of income from rent. On objection being filed to the adequacy of compensation awarded by the Land Acquisition Officer, a reference was made under