JUDGMENT

PRADIPTA RAY, J. — The State of Orissa has preferred this appeal against the judgment and award dated September 23, 1998 passed by the Civil Judge (Senior Division), Deogarh in L.A.Case No. 19 of 1998 on a reference under Sec. 18 of the Land Acquisi¬tion Act (hereinafter referred to as ‘the Act’).

2. The State of Orissa acquired Ac. 3.48 decimals of agricultural land belonging to Ainthu Sabar, since deceased, and predecessor-in-interest of the respondents, for the purpose of Rengali Dam Project. Notification under Sec. 4(1) of the Act dated July 9, 1988 was published in the gazette on August 25, 1988. The acquired land was agricultural land of Class-I variety with irrigation facility from the nearby Kata and Bandh and had considerable number of fruit bearing trees, viz. 49 Mahuwa trees, 14 Kendu trees, 15 Sal trees and 10 Asan trees. The Land Acquisi¬tion Collector awarded a total compensation of Rs. 37,372/- for the acquired land and the trees standing thereon. As the original claimant was not satisfied with the award he filed application for reference. Upon such application, the case was referred to the Civil Court under Sec. 18 of the Act.

3. In the Civil Court none of