R. N. MISRA, J.

( 1 ) THE Collector of Puri has carried this appeal against the award of the learned district Judge of Puri passed under Orissa Act 18 of 1948.

( 2 ) UNDER three separate notifications issued under Orissa Act 18 of 1948 in the manner indicated below, 50 acres of lands of the respondent were acquired for the purposes of Capital construction at Bhubaneswar:-

(i) 8-8-1950 --13. 752 acres. (ii) 15-11-1952 -- 20. 200 acres. (iii) 31-3-1953 --16. 048 acres. The claimant asked for a total compensation of Rs. 4,69,900 in the following way:- (i) Market value of 50 acres of lands at Rs. 7,000/- per acre. Rs. 3,50,000/ (ii) Solatium at 15% of the market value. Rs. 52,500/ (iii) Damage on account of loss of trees. Rs. 2,000/ (iv) Damage to other property on account of ac quisition. Rs. 55,400/ (v) Damage for change of business. Rs. 10,000/

The competent authority offered compensation at the rate of Rs. 75 per acre and the Arbitrator by his award dated 30th of June, 1962, determined the market value at Rs. 400 per acre and awarded a total compensation of Rs. 28,750. The award was assailed before this Court in M. A. No. 95 of 1962 and by judgment dated 16th of December, 1963, a