Mathew J. - (1.) The respondent filed a writ petition before the High Court of Mysore praying for the issue of a writ a mandamus directing the State of Mysore to grant to him the ex-gratia payment ordered to be given in addition to the compensation awarded for acquisition of the lands in question. The High Court allowed the writ petition and this appeal, by certificate, is directed against that order.
(2.) The respondent was the owner of certain land in Bellary district in the State of Mysore. Bellary district was formerly a part of the State of Madras. The District become part of the State of Mysore in 1953 under the Andhra State Act. 1953.
(3.) Before the district became part of Mysore State, the land of the respondent together with other lands belonging to several other persons were sought to be acquired for the purpose of Tungabhadra Project. The preliminary notification for that purpose under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter called the Act) was issued on 14-1-1941. Thereafter no further steps were taken till 25-10-1949. On that date the notification under Section 6 of the Act was published. The owners of the land sought to be acquired made representations to the Government of Madras on 14-8-1946 for payment of additional compensation in view of the low market value which prevailed on the date of the notification. In response to the representations, the Government of Madras passed an order D/- 6-5-1947 stating; "The Government have carefully considered the representation received from the Tungarbhadra Project Relief Committee and direct that compensation for lands be paid on the basis of the market value of the lands in 1941. They will also be paid in addition an ex-gratia payment of 75 per cent of such market value (excluding the 15 per cent solatium) and the same principle should be adopted for the valuation of buildings, trees, etc. The ex-gratia payment mentioned above will be made separately after the Land Acquisition Officer has passed an award in the usual manner.";