P. K. TRIPATHY, J.

( 1 ) AC. 1. 08 decimals of Sarada Dofasali land apertaining to Plot Nos. 414 and 416 under holding No. 71 in village chhanda under Patkura police-stattion was acquired by the Government for drainage purpose as per the declaration dated 26. 7. 1983. The Land Acquisition Officer i. e. , the appellant assessed the compensation @rs. 15,000/- per acre and along with other statutory entitlements determined the total compensation at Rs. 18,630/ -. The claimant-respondent received the same on protest and claimed for higher compensation. Hence reference under section 18 of the Land Acquisition Act, 1894 (in short 'the Act;) was made by the appellant to the court of subordinate Judge, Kendrapara which was registered as L. A. Misc. Case No. 19 of 1984.

( 2 ) DURING the course of inquiry, respondent examined three witnesses including himself as P. W. 1 and relied upon two registered sale deeds vide Exts. 1 and 2. The appellant examined an Amin as the solitary witness from its side and relied upon the sale statistics Ext. A and the grounds for valuation Ext. B. On assessment of such evidence, learned subordinate Judge held that there is positive evidence from the side of t