P. K. TRIPATHY, J. ( 1 ) AC. O. 20 decimals of land from Plot No. 1580 of Khata No. 140 of village Bellarpur under Kendrapara Police station was acquired for Drainage Cut No. 19. That land being of 'sarada' variety, the Land acquisition Officer determined the compensation alongwith 15% solatium at Rs. 772. 80 at the rate of Rs. 3,360/- per acre covered by declaration No. 65914 dated 11. 9. 1979 published in Orissa Gazette No. 2057 dated 29. 10. 1979. Respondent received the said compensation on protest and claimed compensation at the rate of Rs. 10,000/- per acre. Thus the appellant, as required under Section 18 of the Land Acquisition Act, 1894 (in short 'the act') made the reference to the Court of Subordinate Judge, Kendrapara. During the course of enquiry respondent examined three witnesses including himself and as p. W. 1 and relied upon the registered sale deed dated 9. 2. 1979 (Ext. 1) and registered sale deed dated 13. 6. 1979 (Ext. 2) in support of his claim for higher compensation. No evidence was addued from the side of the appellant. On assessment of the evidence on record, learned subordinate Judge passed the impugned award granting compensation at the rate of Rs. 320 per gunth, i. e. Rs. 8,000/- (Rupees eight thousand) per acre. In this appeal, appellant challenges that award. ( 2 ) DURING the course of hearing, learned counsel appearing for the State could not show any evidence in support of the rate of compensation determined by the appellant. When a reference is being made, it is the duty of the land Acquisition Officer to place the facts in the shape of evidence before the Court showing the manner in which and the reason for which a particular rate was accepted for determining the compensation. If the Land Acquisition Officer fails in that respect and the land owner/claimant raises and proves his contention regarding higher valuation of the land and if that is not successfully challenged, then it is the duty of the Subordinate Judge to assess and appreciate that evidence in accordance with law and determine the market value of the land. That having been done by learned subordinate Judge in proper and reasonable manner in determining the compensation at the rate of Rs. 320/- per gunth, i. e. Rs. That having been done by learned subordinate Judge in proper and reasonable manner in determining the compensation at the rate of Rs. 320/- per gunth, i. e. Rs. 8,000/ (Rupees eight thousand) per acre pf Sarada variety of land, there is nothing to interfere with the impugned award. Therefore, while confirming the impugned award of the Subordinate Judge, this court does not find any merit in the appeal, which is accordingly dismissed, but the parties are directed to bear their respective costs of litigation. Appeal dismissed.