GOPARANJAN DUBE Vs. ARBITRATOR HIRAKUD LAND ORGANISATION

JUDGEMENT

(1.) 56.96 acres of land of one Ramadhin Dube were acquired by the State of Orissa (opposite party No. 3) in 1951. On 30-4-1956 Rs. 17,103.00 was received by the objector. On 11-9-1963 the Arbitrator passed an award, the substantive portion of which runs thus:--

(2.) Mr. Patra, learned Standing Counsel, appearing for the State says that the ex-godown price of paddy during the relevant period was Rs. 7.94 per maund while the average price of different varieties of paddy at which the producers had to sell was Rs. 7.27 per maund He, however, contends that as the petitioners accepted the compensation on 18-11-1970/26-3-1971 without any protest, they are estopped from claiming higher compensation.

(3.) Two questions arise for consideration:- (1) What was the price of paddy during the relevant period ? (2) Whether any theory of estoppel applies against the petitioners ?