Land owner and Government can enter into negotiations, even after quashing of order of land acquisition

In the present case, the challenge was made to Khathas recorded in the name of allottees to whom land was sold by the Corporation by executing a sale deed according to the acquisition of land by the government.

Plea was taken that the order of land acquisition was already quashed and the Government played fraud by negotiating with the landowner privately.

It was held by the High Court that the Ratification deed executed between the landowner and Government after quashing the order of acquisition cannot be faulted, since nothing prevents parties from entering into negotiations independently.

It was not the stand that that title in favour of allottee was transferred either by fraud, misrepresentation, or suppression of facts or by furnishing false, incorrect or incomplete material. Hence, condition precedent for invocation of power by Additional Commissioner under S.114A of Karnataka Municipal Corporation Act of 1977, has not been fulfilled.

Hence, the order of cancellation of khata by the Additional Commissioner by exercising power u/s. 114A is not sustainable.

Appearing counsel/s: Sri. Ashok Harnahalli, Sri. Madhusudan R. Naik, Sri. B.S. Gautham, Smt. Lakshmy Iyengar