PARVATHIBAI Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner in this writ petition calls in question the order dtd. 13/1/2017 passed by the respondent No.2 and the consequential intimation letter dtd. 29/12/2017 again by the respondent No.2.

(2.) The brief facts leading to filing of the present petition are that the petitioner came in possession of the land measuring 1 acre in Sy.No.l29/l/lB situated at Mahal Bagayath village, taluk and district Vijayapur. Having purchased it from one Yunus by way of registered sale deed dtd. 25/6/2009. Being in possession of the land, the petitioner applied for conversion of the land from agricultural to non-agricultural purpose on 30/10/2012 and after due verification, the competent authority accorded permission for conversion of the land from the agricultural to non-agricultural purpose on 22/12/2014. The petitioner again applied for approval of layout. On 22/12/2014, the petitioner applied for conversion of her land for the purpose of formation of layout which was permitted by an order of the Deputy Commissioner. During the subsistence of the aforesaid proceedings and the construction of a layout on 12/4/2016, the respondent No.2 initiated acquisition proceedings to acquire the land for the purpose of formation of a four lane road and issued notification under subsection 1 of sec. 4 of the Land Acquisition Act.

(3.) After obtaining the opinion and recommendations for disbursement of compensation from the hands of respondent No.1, the compensation was to be disbursed by the respondent No.2 in favour of the petitioner, in terms of the award notice dtd. 30/1/2016. Despite the petitioner submitting all the documents, no compensation was paid in terms of the award notice by the respondent No.2, which drove the petitioner to this Court in writ petition No.200013/2017. This Court by an order dtd. 16/11/2017 disposed the writ petition by the following order: