1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7309 OF 2007 1.Kantilal Kuwarji Dhanu & ors. ...Petitioners. vs. 1.Airport Authority of India & ors. ...Respondents. --- Mr.Atul Rajadhyaksha with B.B.saraf & Mr.Shiralkar i/b. M/s.Shiralkar & Co., for Petitioners. Mr.P.K.Samdhani i/b. Ms.Rekha Rajagopal, for Respondent no.1. --- CORAM: D.K.DESHMUKH, J. DATED: 18th JANUARY,2008. P.C.:- 1. By this petition, the petitioners challenge the concurrent findings recorded by the Estate Officer and the Principal Judge, City Civil Court 2 that the petitioner no.1 is in unauthorised occupation of the land which is acquired for the purpose of respondent no.1 Airport authority. The case of respondent no.1 Airport authority was that the land was acquired by issuing notification under Section 6 of the Land Acquisition Act on 28.8.1947. Perusal of the reply that was filed to the application shows that in the reply Section 6 notification has not been even referred to. It was claimed on behalf of the petitioners before the Estate officer and the Principal Judge, City Civil Court that the fact that the land was actually acquired has not been proved. In my opinion, however, as the claim made in the application that the land was acquired under the Land Acquisition Act and the notification issued under Section 6 of the Act was relied on and in the reply that notification was not even referred to, the authorities have rightly concluded that there is no dispute about the title to the land. Taking overall view of the matter therefore, in my opinion, considering that the petitioner no.1 who was alleged to be in actual possession has no title to the land and was an 3 encroacher, the authorities have rightly passed the order. In my opinion, it is not the case where this Court should interfere in its extra ordinary jurisdiction under Article 227 of the Constitution of India. 2. At this stage a request is made that the ad- interim order be continued. In my opinion, considering that the petitioner no.1 is an encroacher, no indulgence can be shown to such person. The request is rejected. ---