NALLAMMAL Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE legal question that is involved in both these writ appeals is 'whether non-payment/belated payment (beyond the reasonable time) of the compensation amount by the Government, being the acquisition body, to the land owners, would nullify the entire land acquisition proceedings initiated"'

(2.) THE lands measuring an extent of 8.65 acres in S.No.19/2 in Vagurampatti village of Namakkal Taluk (in the erstwhile Salem District), belonging to the appellants in W.A.No.876 of 2009 were sought to be acquired by the Government for construction of houses under the Salem Neighbourhood Scheme and a Notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was published in G.O.Ms.No.976, Housing and Urban Development, dated 12.11.1981 and it was published in the Government Gazette on 16.12.1981. Declaration under Section 6 was made on 31.3.1984. THEse land acquisition proceedings were challenged by the land owners by filing W.P.No.8888 of 1984 before this Court, which was allowed by a learned single Judge on 19.7.1994. But, on appeal by the Government, the said order of the learned single Judge was set aside by a Division Bench of this Court in W.A.No.999 of 1995, dated 22.1.2001. In the meantime, even during the pendency of the writ petition, an award was passed on 22.6.1989 by the Special Tahsildar, determining the compensation amount payable as Rs.4,95,719.85. But, it is an admitted fact that even though the writ appeal filed by the Government was allowed on 22.1.2001 itself, no further steps were taken by the respondents and the compensation amount was not deposited before the Sub Court to which reference will lie under Section 18 of the Act. THErefore, contending that such lapse committed on the part of the Government would nullify the acquisition proceedings, the land owners have come forward to file W.P.No.30186 of 2007 before this Court.

(3.) THEREFORE, from the very contents of the counter in this case, it is clear that though the award was passed on 22.6.1989 by the Special Tahsildar, determining the compensation amount payable as Rs.4,95,719.85, the award amount was deposited in the Sub Court only on 7.8.2007, i.e. after 19 years of the award.