Honble MADAN, J. — The facts giving rise to the filing of this Application, briefly stated, are that on 15.4.94 when the above noted Appeal was taken up for hearing, neither the appellant nor his counsel was present in court. Shri N..R. Choudhary, learned counsel for respondent No. 2, was heard and the Appeal was decided by this court on merits.

(2). Briefly stated the facts of the case are that Rajasthan Government issued a Notification which was duly published on 2.1.80 under section 4 of the Rajasthan Land Acquisition Act (for short the Act) for acquisition of certain lands situated in Phulera (Jaipur) including 8 bighas of land in Khasra No. 474 belonging to the appellant. After compliance of necessary legal formalities, physical possession of the land in question was taken over on 19.7.80 by the Tehsildar, Phulera and handed over to Rajasthan State Industrial Development & Investment Corporation Ltd. (For short RIICO), Udhyog Bhawan, Jaipur (respondent No. 2 herein) for whose benefit the land was acquired for the public purpose of establishment of industrial estate.

(3). The Land Acquisition Officer, Jaipur after examining all relevant evidence on the record, pronounced his award on 29.11.80 which was subsequently amended on 27.4.84 as indicated above. Since the land was agricultural and not industrial, the Collector awarded compensation at the rate of Rs. 1500/- per bigha which was directed to be paid under the amended award to the appellant with interest at the rate of 4% per annum and solatium at the rate of 10% from the date of taking over of possession of the land till passing of the award. The reference for enhancement of compensation was made under Section 18 of the Act claiming compensation at the rate of Rs. 17/- per sq. metre plus other amounts towards damages and compensation. The said reference came up for hearing before the Civil Judge, Jaipur District, Jaipur and the concerned trail court vide its order date 18.5.87, while partly allowing the Reference Application, directed that compensation at the rate of Rs. 2500/- per bigha be paid to the appellant besides solatium at the rate of 30% and interest at the rate of 9% per annum on the enhanced amount of compensation. It will be pertinent to mention here that the appellant himself had claimed compensation at the rate of Rs. 2500/-per bigha and he having received the said amount, was still not satisfied with the award and challenged the same in Appeal before this court.

(4). The Appeal was heard with the assistance of Shri Choudhary, learned counsel for respondent No. 2, and the relevant record was perused by me. It is admitted case of parties that the dispute in Appeal was only regarding quantum of compensation which was initially awarded at the rate of Rs. 1500/-per bigha by the Collector, Jaipur against a sum of Rs. 2500/- per bigha as claimed by the appellant. The compensation amount of Rs. 1500/- per bigha was subsequently enhanced by the Civil Judge, Jaipur on a reference made by the Land Acquisition Officer through the Collector, Jaipur under Section 18 of the Land Acquisition Act. What in fact the appellant claimed, he got it as increased compensation by the impugned order of the Civil Judge, Jaipur dated 18.5.87 which has been assailed in the present appeal.

(5). While disposing of the above noted appeal on 15.4.94 this court came _ to the conclusion that it was not open to the appellant to approbate and reprobate in the same breath and now to take a contrary stand before this court and he was therefore, stopped by his own conduct, act and acquiescence from pleading to the contrary on the principle of estoppel which is fully attracted to the facts of the present case. This court further came to the conclusion that the learned Civil Judge has given a very well reasoned judgment after examining the relevant evidence on the record and his finding with regard to issue Nos. 1 and 2, are well founded and not assailable in the present appeal. It was further obser

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