Delay in payment of compensation does not nullify land acquisition proceedings, except when the award is not passed within the stipulated time. A citizen cannot be deprived of property without due process and payment of compensation.

ELIPE DHARMA RAO, J.

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. A counter affidavit has been filed by the respondents before the learned single Judge in W.P.No.30186 of 2007. In Para No.4, the respondents have averred as follows:

"4. I further submit that since the land owners failed to produce any documentary evidence and to give any deposition regarding the title of the lands, the entire compensation of Rs.4,95,719.85 was ordered to be remitted in Sub Court, Namakkal under Section 30 and 31(2) of the Land Acquisition Act, subject to the disposal of Writ Petition No.8888/84 pending in the High Court, Chjennai. The post of Special Tahsildar (LA), Neighbourhood Scheme, Namakkal was also disbanded on 28.2.1989 and the file was handed over to Revenue Divisional Officer, Namakkal. The Executive Engineer & Administrative Officer, Tamil Nadu Housing Board, Salem has sent the draft for award amount of Rs.4,95,719.85 on 30.9.1989 to the Revenue Divisional Officer, Namakkal and the Revenue Divisional Officer, Namakkal in turn deposited the award amount in SBI, Namakkal under work deposit on 11.10.1989. A perusal of the file reveals that the file was dealt by Revenue Divisional Officer, Namakkal till 3/90 and the file was handed over to Special Tahsildar (LA), Neighbourhood Scheme, Salem in 4/90. Due to the disbandment of the post of Special Tahsildar (LA), Neighbourhood Scheme, Namakkal on 28.2.1989 and due to the transfer of file to Revenue Divisional Officer, Namakkal and then to Special Tahsildar (LA), Neighbourhood Scheme, Salem somehow the award amount of Rs.4,95,719.85 deposited in SBI, Namakkal on 11.10.1989 was omitted to be deposited in Sub Court, Namakkal under Section 30 and 31(2) of Land Acquisition Act. This fact came to light only when one Tmt.Marudhayee of Kondichettypatty village claimed the compensation amount to the Special Tahsildar (LA), Neighbourhood Scheme, Salem on 11.9.2000. The District Revenue Officer, Namakkal was addressed by then Special Tahsildar (LA), Neighbourhood Scheme, Salem on 10.10.2000 to instruct the Revenue Divisional Officer, Namakkal to withdraw