JUDGMENT : Narasimham, C.J. - This is an appeal by the Petitioner against the decision of the Arbitrator (District Judge, Puri) appointed under Orissa Act XVIII of 1948 awarding compensation at the rate of Rs. 400/- per acre for the acquisition of the Petitioner's lease-hold property in Bhubaneswar, under the provisions of that Act for the development of the New Capital area. The acquisition took place in three installments on 11-8-1950, 21-11-1952 and 3-4-1953. The property acquired is just opposite to the Railway Station at Bhubaneswar, which has undoubtedly gone up very much in value ever since the construction of the New Capital in that area. The Petitioner claimed compensation at Rs. 7000/- per acre whereas the Government estimated the compensation at Rs. 50/- per acre. Reference was then made to the Arbitrator (District Judge of Puri) appointed under the Act on 27-7-1954. On 2-4-1955 the Petitioner through his advocate applied for permission to deliver certain interrogatories to the opposite party and the Arbitrator passed the following order in the order sheet of that day. 9. 2-4-1955, Sri D.V.N. Rao, Advocate for the claimant files a petition praying to grant necessary leave for delivering the accompanying interrogatories to the opposite party. Copy of the petition given to the Government Pleader appearing for the opposite party. Heard lawyers. Interrogatories given to the other side. Counter to both by the date fixed. The next date of adjournment was 16-4-1955, on which date the following order is found in the order-sheet. The Government Pleader files counter. To 30-4-1955 for fixing a date of hearing. Then the hearing before the Arbitrator commenced and took several years. But both parties appear to have overlooked the significance of the interrogatories. The actual counter filed by the Government Pleader on 16-4-1955 deals with some other matter and as far as we could gather from the record, no reply had been given by the Government to the interrogatories. The Petitioner claimant should therefore have asked the court to pass orders under Rule 21 of Order 11, Code of Civil Procedure, for non-compliance with the court's order. This however does not appear to have been done. Subsequently two assessors were appointed-one by the Government and the other by the Petitioner, and after hearing the parties and taking some evidence adduced by them the learned Arbitrator disposed of the matter. 2. This however does not appear to have been done. Subsequently two assessors were appointed-one by the Government and the other by the Petitioner, and after hearing the parties and taking some evidence adduced by them the learned Arbitrator disposed of the matter. 2. Rule 16 of the Rules framed under the said Act says that the provisions of the CPC shall apply to all proceedings before the Arbitrator, except where there is any inconsistency with those rules. Here there is no inconsistency at all, and hence the provisions of Order 11, Code of Civil Procedure, dealing with interrogatories would apply with full force. These interrogatories have great value here, because in them the Petitioner had given a complete list of several instances of sale of land near the disputed land by the Government themselves to various private parties during the years 1950, 1951 and 1952, and has also given full particulars of the sales and the numbers of the documents. These recent sales of similar lands in the vicinity have great importance in estimating the market value of the disputed property and the Government ought to have given their reply to the interrogatories if they challenged the correctness of the statements contained therein. The Arbitrator also should have insisted on the replies being furnished or else he should have taken further action according to law. 3. In our opinion, for the purpose of estimating the market value of the disputed property, it is absolutely necessary that the facts stated in the interrogatories should be either challenged or explained. We therefore consider that this is a fit case for further remand to the Arbitrator for fresh hearing. 4. The appeal is allowed, the award of the Arbitrator is set aside and the case is remanded to the Arbitrator (District Judge of Puri) for further hearing from the stage at which it was when the interrogatories were filed by the Petitioner on 2-4-1955. Government may be given reasonable opportunity to file their counter, if any, to those interrogatories and then both parties may be given further opportunity, if so desired, to adduce all available evidence relevant to the question and then the case may be disposed of according to law. Government may be given reasonable opportunity to file their counter, if any, to those interrogatories and then both parties may be given further opportunity, if so desired, to adduce all available evidence relevant to the question and then the case may be disposed of according to law. The evidence already on record and the opinion of the two assessors, namely, the Executive Engineer and Shri B. C. Das may also be taken into consideration by the Arbitrator while giving his final award. Costs will abide the result. Barman, J. 5. I agree. 6. Case remanded. Final Result : Allowed