Judgment

RAY, C. J. :- This is an appeal by certificate against the judgment dated 6 June, 1969 of the High Court at Mysore.

2. The appellant was the owner of several acres of land at Banglore. The appellant developed an agricultural and horticultural Estate on that land. In the year 1967 there was a proposal to acquire the aforesaid property of the appellant. The land acquisition proceedings commenced. Possession of the property was taken in the month of April, 1967. The notification under Section 4 of the Land Acquisition Act was made in the month of May, 1967. A declaration under Section 6 of the Land Acquisition Act was made on 1 July, 1967. In the month of August, 1967 the appellant preferred claims. The claim for compensation preferred by the appellant was for Rs. 18,83,650/-.

3. In the month of September, 1967 the Government paid a sum of Rs. 6,50,000/- as an instalment. On 30 August, 1968 the Government wrote to the Divisional Commissioner that the Government approved the award for the total of Rs. 6,57,870.15 in respect of land measuring 86 acres 2 gunthas.

4. The appellant made an application under Article 226 of the Constitution inter alia for an order that the proviso to se