Sen Gupta, J. - (1.) THIS appeal is directed against the judgment and decree passed by Sri M. L. Chakraborty, Arbitrator in L. A. Case No. 182 of 1949.
(2.) THIS proceeding was started before the learned Arbitrator in the following circumstances:-- Plots Nos. 156, 157 and 260 of Mouza Gouripore and Plot No. 820 of Mouza Birhati, which comprises a garden were requisitioned by Government under Defence of India Act on 24th June, 1944 and the same was de-requisitioned on the 21st February, 1948.
(3.) AFTER de-requisition the respondent, owner of these plots asserted that during the period of requisition, extensive damages to the trees and to the soil of the garden were made by the military authority who occupied the same during that period. It was further asserted that a large number of trees were cut down and some area of the garden were rendered unfit for gardening purposes by making pavements with bricks and concret for placing ante air craft guns. The Land Acquisition Collector fixed Rs. 186/- as damages to be paid to the respondent who did not agree to accept the same and as there was no agreement between the Government and the claimant the matter was referred to the Arbitrator under the provisions of Section 19 of the Defence of India Act (Act XXXV of 1939).;