JUDGMENT : Vivek Singh Thakur, J. This appeal has been preferred by the State of H.P. against impugned award dated 16.4.2009 passed by learned District Judge, Hamirpur (hereinafter referred to as 'the Reference Court') in Land Reference Petition No. 1 of 2006 titled Mehtab Singh and others vs. Land Acquisition Officer and another, whereby value of land acquired by State for construction of Bhota-Hamirpur-Nadaun road in village Khairi, Tehsil Nadaun, District Hamirpur has been enhanced and determined from Rs.7000/- per marla to 28,500/- per marla. 2. It is undisputed fact that appellants have acquired the land of respondents/land owners situated in village Khairi for construction of road by invoking the provisions of Land Acquisition Act (hereinafter referred to as 'the Act') by issuing notification dated 30.5.2000, last publication whereof was on 6.6.2001. After completing the codal formalities under the Act, Land Acquisition Collector has passed award No. 17 of 2003 on 9.5.2003 determining the value of land as Rs.7000/- per marla. As in award passed by Land Acquisition Collector, benefit of Section 23(1)(A) of the Act was given from wrong date, therefore, the award was modified on 9.6.2006. 3. In reference petition, preferred by respondents/land owners, under Section 18 of Act for enhancement of compensation, value of land has been re-determined at Rs.28,500/- per marla. 4. Aggrieved by said enhancement by the Reference Court, appellants/State has preferred present appeal on the ground that Reference Court has wrongly relied upon sale deed Ext.PW1/A and has committed a mistake by discarding the evidence led by appellant/State particularly one year average value Ext.R3 to Ext.R5 and Ext.RW2/A and also sale deeds Ext.R1 and Ext.R2. 5. In the Reference Court, land owners have examined four witnesses. PW1 Kuldeep Singh, Registration Clerk, has proved on record the registration of sale deed Ext.PW1/A, whereas, PW2 Deep Kumar, an official of office of Registrar, has produced the record of said sale deed. PW3 Rajmal is son of land owner Mehtab Singh and also holder of Power of Attorney on behalf of his father. PW4 Bhagwan Dass is resident of Rangas, an area adjacent to which land under acquisition was situated. Land owners have relied upon sale deed dated 19.11.1999 Ext.PW1/A pertaining to village Khairi, whereby one marla of land was sold for Rs.50,000/-. PW4 Bhagwan Dass is resident of Rangas, an area adjacent to which land under acquisition was situated. Land owners have relied upon sale deed dated 19.11.1999 Ext.PW1/A pertaining to village Khairi, whereby one marla of land was sold for Rs.50,000/-. Reliance has also been placed by land owners on one year average value Ext.PW2/B wherein highest value of land has been determined as Rs.35,000/- per marla. Maps Ext.PW3/B and Ext.PW3/C have also been placed on record by land owners indicating the prime location of land under acquisition. 6. Sale deeds Ext.R1 and Ext.R2 relied upon by appellants/State are dated 1.5.1995 and 26.2.1997 respectively. In sale deed Ext.R1 two kanal land was sold for Rs.2500/- which gives the value of land at the rate of Rs.62.50 Ps. per marla. In sale deed Ext.R2 one kanal and one marla was sold at Rs.1000/-, whereby value of land comes to less than Rs.50/- per marla. These sale deeds pertain to the period beyond 12 months from the date of notification and value of land arrived at in these sale deeds is much less than the value determined by the Land Acquisition Collector. Therefore, these sale deeds have rightly been ignored by the Reference Court. 7. In one year average value Ext.R4, highest value of land has been determined at the rate of Rs.350/- per marla, whereas, according to five years average value Ext.R5 and Ext.RW2/A highest value of land in the same village has been determined as Rs.2647/- per marla. These average values are also less than the value of land as determined by Land Acquisition Collector at the rate of Rs.7000/- per marla and average value Ext.R4 is for a period of 1.3.1997 to 28.2.1998, which is again not relevant because it is also for the period which is beyond 12 months from the date of notification under Section 4 of the Act. Otherwise also average value cannot be sole basis for determining value of land under the Act. 8. Now only evidence, produced by appellant/State, available on record is one year average value Ext.R3 wherein highest value of land has been determined at the rate of Rs.35,000/- per marla whereas sale deed Ext.PW1/A, relied upon by land owners, which was executed within the period of consideration from the date of notification under Section 4 of the Act gives the value of land at the rate of Rs.50,000/- per marla. 9. 9. Reference Court has taken into consideration the value determined by Land Acquisition Collector i.e. Rs.7000/- per marla and value arrived at on the basis of sale deed Ext.PW1/A i.e. Rs.50,000/- per marla and determined the value of land on the basis of means of these two values. Where there is a considerable huge difference between two values, the method of determining the value on the basis of mean of those values does not give the just and fair value of land and further, the average value is also a mean value of different transaction in the area and that cannot be added to the value of sale deed for carrying out the exercise of calculating the value on the basis of mean of average value and value of land arrived at on the basis of sale deed. 10. In sale deed Ext.PW1/A, there is transfer of small chunk of land i.e. one marla. Therefore, some deduction is necessary from the value of land arrived at on the basis of this sale deed. The value of land by Reference Court has been determined at Rs.28,500/- and therefore, there is difference of Rs.21,500/- in the value of land on the basis of Ext.PW1/A and value determined by the Reference Court and if it is considered the deduction, then it comes about 43% deduction in value of land determined on the basis of sale deed Ext.PW1/A. Otherwise also, the only relevant evidence produced by appellants/State is average value Ext.R3 according to which highest value of land is Rs.35,000/- and value of land determined by the Reference Court at the rate of Rs.28,500/- is lesser than that. Land owners have not filed any appeal for further enhancement and they are satisfied with the value of land at Rs.28,500/-. Therefore, no interference is warranted in the award passed by the Reference Court. 11. In view above discussion, since I find no ground for interfering in the impugned award, the appeal preferred by the State is dismissed being devoid of merit. Record be sent back. All pending miscellaneous application(s), if any, also stands disposed of.