1.

On 27.02.1959, Rayappa, the husband of the petitioner

3 Aralamma, had purchased the property on Lalbagh Fort

Road bearing Municipal New No.81 (Corporation No.68,69 -

old No.4) under a registered Sale Deed from one T.J.

Devarayalu. The boundaries of the said property as described

in the Sale Deed was as follows:

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2.

Pursuant to the Sale Deed, the Corporation of the City

of Bangalore registered the name of Rayappa as khatedar and

6

started collecting property taxes. A copy of one such demand

for payment of property tax of the year 1965-66 is produced

at Annexure-C2 to evidence this fact.

3.

It is stated that Rayappa and his family members had

migrated to the USA and were residing therein and Rayappa

died intestate on 01.02.1993, leaving behind his wife and

children as his legal heirs.

4.

It is stated that on the death of Rayappa, the name of

his wife Aralamma was entered in the property tax register as

khatedar. A copy of the khata certificate issued in the year

2016 and the khata extract of the year 2016 are produced at

Annexures-C and C1 respectively to evidence this fact.

5.

It is also stated that Aralamma has been paying

property taxes regularly and the property tax receipts for the

year 2016-2017, 2017-2018 and 2018-2019 are also

produced at Annexures-C3, C4 and C5 respectively to

evidence this fact. Thus, by virtue of these documents, it

cannot be in dispute that the khata in respect of Municipal

No.81 which was earlier standing in the name of Rayappa has

been transferred in the name of his wife Aralamma, petitioner

7

herein. The khata extracts produced also indicate that the

BBMP has acknowledged that the sital area owned by

Aralamma, which was liable for property tax, measured 562.5

sq. ft.

6.

It appears that the Government of Karnataka issued a

notification under Section 4 of the Land Acquisition Act, 1894

(for short, <the Act=) stating that 39 properties, notified

therein, were needed for a public purpose and were required

to be acquired. The purpose stated in the notification was

<widening the Lalbagh Fort Road between Kempaiah Circle

and H.C. Javaraiah Circle, Bangalore City=. On considering

the objections, a report under Section 5A of the Act was

placed before the Government and the Government, being

satisfied that the land was needed for the aforementioned

purpose, proceeded to accept the report and issued a

declaration under Section 6 of the Act on 01.12.1973. A copy

of the said declaration is produced at Annexure-D. In the said

declaration, item No.30 pertains to the petitioner. Item No.30

of the notification reads as follows:

8

Dist:Bangalore

City: Bangalore

Division No:38

Street- Lalbagh Fort Road

Boundaries

Area required

Sl.

No.

Survey

number of

Site number

with

description

if any

Assessment

Name if the

Khatedar/

Anubhavad

ar/ Tenant

or other

interested

persons

North

South

East

West

Length

In feet

Breadth in

feet

Area in sq.

feet

30

Site No.81

Site Building

Name of

the

Khatedar:

Rayappa

Lalbagh

Fort Road

Owner9s

Property

Private

Lane

Lane

10

24

240

7.

As could be seen from the said declaration, the

southern boundary is shown as the owner9s property, thereby

meaning that only a portion of the property owned by

Rayappa measuring 109 x 249 i.e., 240 sq. ft. had been

acquired for the purpose of widening the road and the

owner9s property still remained to the south of the not