1 WP2602/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2602 OF 2010 M/s Ador Welding Ltd. ...Petitioners v/s The Board of Trustees of the Port of Bombay ...Respondents WITH WRIT PETITION NO.2548 OF 2010 M/s Plas Fab Pvt.Ltd. ...Petitioners v/s The Board of Trustees of the Port of Bombay ...Respondents WITH WRIT PETITION NO.2549 OF 2010 Rajiv Anantrai Parekh and anr. ...Petitioners 2 WP2602/10 v/s The Board of Trustees of the Port of Bombay ...Respondents Mr Viren Asar i/b M/s Wadia Gandhy and Co. for Petitioners. Mr A.V. Anturkar i/b M/s Motiwala and Co. for Respondents. CORAM : D.K. DESHMUKH AND N.D. DESHPANDE JJ. DATE : 5TH JANUARY 2011. P.C. :- 1] By these petitions, the petitioners seek a direction to the respondent No.1  Bombay Port Trust to settle the cases of petitioners and grant them lease of the land, which admittedly belongs to the Bombay Port Trust, for a period of 30 years. According to the averments in the petitions, the land which belongs to the Bombay Port Trust, was granted on lease by the Bombay Port rust in favour of one M/s J.B. Advani and Co.Pvt. Ltd. However, in the petitions, there is no averment made that the 3 WP2602/10 petitioners entered the property with any authority given either by the respondent Trust or by M/s J.B. Advani and Co.Pvt.Ltd. The petitions have been filed in the extraordinary jurisdiction under Article 226 of the Constitution of India for creation of a lease of public property in favour of the petitioners. Therefore, the first point of enquiry is bound to be whether the entry of the petitioners in the land is authorised by law or the petitioners are unauthorised occupants. The only person who could have authorised entry of the petitioners on the land is the Bombay Port Trust which is the owner of the land or M/s J.B. Advani and Co.Pvt.Ltd. Which according to the petitioners is lessee of the land. In the petitions, there is no averment that the petitioners entered the property either with authority from the Bombay Port Trust or by M/s J.B. Advani and Co.Pvt.Ltd. In any case, the respondents have stated that they want possession of the land for their operations. There is nothing on record which raises any doubt about the correctness of their claim. The respondents 4 WP2602/10 hold a decree of possession in their favour and the obstructionist s notice taken out by the petitioners has been made absolute. It is thus an establish position on record that the petitioners have no legal right to be on the land. Therefore, the petitions cannot be entertained. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE N.D. DESHPANDE )