This appeal by special leave arises from the order of the Division Bench of Madhya Pradesh High Court dated July 30, 1974 in which it was held that an order passed by the civil companyrt on reference under Section 49 1 of the Land Acquisition Act 1 of 1894 for short the Act is number a decree and, therefore, an appeal would number lie therefrom under Section 96 of CPC.
Notification under Section 4 1 and declaration under Section 6, of the Act were published in the State Gazette acquiring land measuring 2 acres 46 cents approximately on Biaora village in Rajgarh District.
Thereon, reference under Section 49 1 was made to the civil companyrt which by order dated April 29, 1969 held that the land proposed to be acquired did number form an integral part of appellants factory and office buildings and answered the reference accordingly.
The appellant had objected under Section 49 1 of the Act to the acquisition, companytending that the entire land including his factory and office building should be acquired, without which the Act should number be put in operation.
The appellants carried the matter in appeal to the High Court.
