Judgement

MOHAPATRA, J.:-

The two First Appeals are by the State of Orissa under the provisions of the Orissa Development of Industries Irrigation, Agriculture, Capital Construction and Resettlement of Displaced Persons (Land Acquisition Act (Orissa Act 18 of 1948), hereinafter called "the Act", against the awards dated 20-2-1953, passed by Sri B.C. Das, Arbitrator, Hirakud Dam project, Sambalpur, arising out of Arbitration Cases Nos.182 and 183 of 1951. The Civil Reference has been made by Sri S.K. Mohapatra, Subordinate Judge of Sambalpur, under S.113, Civil Procedure Code, arising out of Title Suit No.13 of 1952 in which the plaintiff (Bharat Chandra Nayak) prays for a declaration that the first proviso to S.7(1)(e) of the Act is ultra vires.

2. Under the provisions of the Act, several plots of cultivated and waste lands in village Larpank were acquired by the Government. Plaintiff-respondent Bharat Chandra Nayak is the sole Gountia of the said village Larpank. Out of 13.66 acres of respondents lands which were acquired under the provisions of the Act by the Government, 10.62 acres are Bhogra and 3.04 are gaonti-raiyati lands. There were quite a number of trees, standing on these l