JUDGMENT :

B. Panigrahi, J. - The appeal filed by the State u/s 54 of the Land Acquisition Act, 1894 (in short, the "Act") challenges the decision of the Subordinate Judge, Nawapara, in M.J.C. No. 55 of 1992, directing the appellant to pay higher compensation to the claimant-respondent No. 1 in respect of the acquired land.

2. Ac. 2.24 decimals of land appertaining to Plot No. 118, Khata No. 6 of Mouza Sirtol, P. S - Nawapara in the district of Kalahandi was acquired for the purpose of construction of Office building and Staff quarters for Kalahandi Irrigation Sub-Division, under Notification No. 16540 dated 24.3.1972 issued u/s 4(1) of the Land Acquisition Act and declaration was published on 28.12.1973. The Land Acquisition Officer fixed compensation of Rs. 4,336.24 paise which was received by the claimant-respondent No. 1 under protest. On objection being filed, the matter was referred to the Subordinate Judge u/s 18 of the Act for determination of just compensation in respect of the acquired land. Before the referral Court, the objector examined four witnesses including himself and relied on two documents, namely Ext. 2, an unregistered agreement and Ext. 1, the protest petition