( 1 ) THIS is a first appeal filed by the Collector, Jabalpur, and the State of Madhya pradesh against the award, dated 17-8-1971, passed by the Third Additional district Judge, Jabalpur, in Land Acquisition Case No. 7 of 1970 on a reference under Section 18 of the Land Acquisition Act.

( 2 ) THE brief facts of the case are that the Military Estate Officer, Madhya Pradesh circle, Jabalpur, applied for acquisition of 6. 43 acres of private land located in village Richhai, settlement No. 402, tahsil and district Jabalpur, vide his letter dated 6-6-1967 for the purpose of construction of Railway Siding for the new vehicle Factory, Jabalpur, of the Defence Department of Union of India. It consisted of two parts: (i) 6. 36 acres of open area and (ii) 0. 07 acre of covered area containing certain structures. In the present case we are concerned with regard to the acquisition of 6. 36 acres of open land alone. The notification under section 4 read with Section 17 (1) of the Land Acquisition Act was published in madhya Pradesh Rajpatra (Part I), dated 29-9-1967. The notification under section 6 of the aforesaid Act was published in Madhya Pradesh Rajpatra (Part I), dated 6-10-19