B. K. RAY, J.

( 1 ) AN area of 2. 00 acres in Sahid Nagar at Bhubaneswar belonging to the petitioner was acquired for development of the New Capital and possession of the land was taken by the opposite parties on 20-6-1963. The Collector under the award granted Rs. 18,400/-as compensation to the petitioner for the land acquired. At the instance of the petitioner who was not satisfied with the award on the ground that the compensation fixed by the Collector was too low a reference was made to the Court for determination of the real compensation. This reference was numbered as Misc. Case No. 10 of 1964 (C. A.) in the Court of the Subordinate Judge, Bhubaneswar. The learned Subordinate Judge on 202-1965 under his judgment and decree fixed the compensation at Rs. 36,800/and directed payment of solatium at the rate of 15 per cent on the compensation amount fixed in the aforesaid miscellaneous case. He, however, did not award statutory interest at the rate of 6 per cent per annum from the date of dispossession till payment as provided under Section 28 of Land acquisition Act. The petitioner thereafter instead of filing a petition under section 152, Civil Procedure Code filed an applicat