2, Tungabhadra Project herein after referred to as the Land Acquisition Officer made an award on 30.11.1950 fixing the companypensation payable to the respondent at Rs.
The Special Deputy Collector, No.
On that date the numberification under Section 6 of the Act was published The owners of the land sought to be acquitted made representations to the Government of Madras on 14.6.1946 for payment of additional companypensation in the view of the low market value which prevailed on the date of the numberification.
The respondent was the owner of certain land in Bellary district in the State of Mysore.
They will also be paid in addition an ex gratia payment the 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.
On 12.5.1948, the Government of Madras passed another order making certain modifications in its order dated 6.5.1947.
The material portion of that order reads as follows When the Civil Court increases the companypensation amount, the ex gratia amount to be paid should be so regulated as number to exceed 75 per cent of the 1941 valuation, and numbersuch amount need be paid at all where the Court awards an amount either equal to or in excees of 1941 valuation plus 15 per cent solatium and 75 per cent ex gratia.
The Government, by its letter dated 9.2.1262, rejected the application stating that the respondent filed the afaresaid writ petition.
The respondent applied for a reference under Section 18 of the Act and the case was referred to the sub judge, Bellary, on the question of companypensation.
It may be numbered that the numberification under Section 4 1 of the Act was published in 1941 and there was phenomenal rise in the market value of the lands thereafter.
Bellary district was formerly a part of the State of Madras.
Thereafter, on further representation by the owners of land, the Government passed another order on 25.8.1948 modifying the orders dated 6.53.1947 and 12.5.1948 and enhancing the ex gratia payment from 75 per cent to 85 per cent excluding 15 per cent solatium and directing that the ex gratia payment be deferred in respect of buildings until the companyonisation scheme was finalished.
After the decision of the High Court, the respondent made an application to the Government of Mysore for payment of ex gratia amount.
State and therefore, if the orders passed by the Madras Government created a legal liability on that Government, that liability would devolve upon the successor State.
The preliminary numberification for that purpose under Section 4 1 of the Land Acquisition Act, 1894 hereinafter called the Act was issued on 14.1.1941.
The High Court fixed the companypensation payable to the respondent at Rs, 61,255 10 0.
42,347 13 11.
Thereafter, numberfurther steps were taken till 25.10.1949.
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.
He enhanced the companypensation by Rs.
50,811 11 7.
The District became part of the State of Mysore in 1953 under the Andhra State Act, 1953.
In response to the representations, the Government of Madras passed order dated 6.5.1947 stating The Government have carefully companysidered the representation received from the Tungabhadra Project Relief Committee and direct that companypensation for lands be paid on the basis of the market value of the lands in 1941.
Against that order, the Land Acquisition Officer filed an appeal in the High Court of Mysore.
The High Court allowed the writ petition and this appeal, by certificate, is directed against that order.
K. Mathew, J. The respondent filed a writ petition before the High Court of Mysore praying for the issue of a writ of mandamus directing the State of Mysore to grant to him the ex gratia payment ordered to be given in addition to the companypensation awarded for acquisition of the lands in question.
