P.B. MAJMUDAR, J.

1. The petitioner is occupying land admeasuring 10.264 acres located in the Colaba area of the city of Mumbai. The petitioner is occupying the said land as a lessee by virtue of the leasehold rights. The petitioner obtained leasehold rights by virtue of an Indenture of Assignment dated 6th August, 1979 executed between one Tungabhadra Sugar Works and the petitioner. By virtue of the same, the petitioner is occupying the said piece of land and is entitled to use the aforesaid property. The ownership rights in respect of the said property are duly reflected in the PR cards. In order to carry out development work, the petitioner took steps for clearing the dues of the workmen of the mill standing on the said property i.e. Mukesh Mills. According to the petitioner, they incurred about Rs. 17 crores in this behalf.

2. In order to obtain development permission, the petitioner carried out certain search and they came to know that Respondent No.2, Union of India, is asserting its rights over the property. The petitioner, in the meanwhile also came across a newspaper article published by Respondent No.2 in the Times of India dated 2nd December, 2004, stating that