JUDGMENT : P.K. Tripathy, J. - On a reference u/s 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act') from the Appellant learned Civil Judge (Sr. Division), Bhawanipatna in M.J. C. No. 91 of 1996 made an award fixing the valuation at the rate of Rs. 40,000/- per acre for the purpose of fixing the quantum of compensation relating to the land of the Petitioner/Respondent acquired for the purpose of construction of Lanjigarh Road-Junagarh Rail Link Project. 2. The admitted fact leading of the dispute is that for the aforesaid project, on the basis of Notification No. 12856/R dated 18-3-1994 u/s 4(1) of the Act the Railways Department acquired Ac.1.63 of land of the Petitioner/Respondent. That land was situated at village Bhejipadar which is at a distance of about 4 K.M. from Bhawanipatna town in the district of Kalahandi. The Appellant assessed and awarded a compensation of Rs. 27,470.22 on fixing the rate at Rs. 17,273/- per acre for Bahal land, Rs. 16,500/- per acre for Berna and Adi lands, Rs. 15,000/- per acre for Mala land and Rs. 10,000/- per acre for Ata land. The Petitioner/Respondent raised objection to the quantum of compensation awarded and the tats per acre fixed thereon. He advanced the claim that the acquired land being situated adjoining to village Paramanandapur which has merged with Bhawanipatna Municipality area and having a greater potential and market value the local market price of the land was not less than Rs. 4 lakhs by the date of acquisition. 3. During the course of enquiry the Petitioner examined himself as p. w. 1 and also relied upon the award in M.J.C. No. 93 of 1996 of the Court of Civil Judge (Sr. Division), Bhawanipatna (Ext. 1) and contended that the land adjoining to his land having been similarly situated has been granted a compensation fixing the quantum at Rs. 40,000/- per acre and at least that rate should be fixed so far as it relates to the lands acquired from him. The Appellant examined himself as o. p. w. 1 and in cross-examination admitted that Paramanandapur and Bhejipadar are adjoining villages and that on 3-1-94 Ac. 1.29 of Ata land of village Paramanandapur was sold at a price of Rs. 5,16,000/- (Rupees five lakhs and sixteen thousand). 4. On assessment of the aforesaid evidence the learned Civil Judge (Sr. The Appellant examined himself as o. p. w. 1 and in cross-examination admitted that Paramanandapur and Bhejipadar are adjoining villages and that on 3-1-94 Ac. 1.29 of Ata land of village Paramanandapur was sold at a price of Rs. 5,16,000/- (Rupees five lakhs and sixteen thousand). 4. On assessment of the aforesaid evidence the learned Civil Judge (Sr. Division) assessed and fixed the valuation at Rs. 40,000/-. per acre with respect to the acquired land of the Petitioner/Respondent and passed the impugned award accordingly. 5. Learned government counsel appearing for the Appellant argues that the valuation is excessive. In that respect he is unable to show any evidence on record which would indicate that valuation of the land should have been less than Rs. 40.000/- per acre. The statement and the evidence of the claimant have remained unchallenged that village Bhejipadar is adjoining to the municipal area of Bhawanipatna town and lands at much higher rate were being sold in the adjoining area. Apart from that, the assessment of valuation as indicated in Ext. A was not done on proper verification of documents from the office of the Sub-Registrar and in respect of same categories of lands. Stray sale deeds were examined to arbitrarily put the valuation. Therefore, the learned Civil Judge (Sr. Division) was right in his approach and finding in enhancing the valuation to Rs. 40,000/-per acre and gave an award in that manner. Hence, there is nothing to interfere with the same. Thus, the appeal stands dismissed. Parties are to bear their respective costs of litigation so far as this forum is concerned. Appeal dismissed. Final Result : Dismissed