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Despite the above order, we have proceeded to hear the counsel for the parties on the merits of the case as well as on the alternative plea which has been raised by the learned Advocate General at the time of hearing of appeal when the order dated 28.4.2010 was passed.

A great emphasis has been laid by the learned Advocate General on the point that the State Government had acted upon the order issued by the Hon'ble Supreme Court dated 7.5.2004 in M.C.Mehta's case (supra) vide which time-bound directions for closing down and stoppage of operation of all industrial units which had come up in the residential/non- conforming areas of Delhi on or after 1.8.1990 were issued and the State of Haryana and other States falling in the National Capital Region were directed to extend full cooperation in re-location of the industry. He has taken us through the said order to justify the invocation of the urgency provisions while issuing notification under Section 4 of the LA Act. He has submitted that the land had to be acquired urgently with an intention to comply with the directions issued by the Hon'ble Supreme Court. Apart from that, it was in the interest of the State of Haryana to make available the land so that the industries could be established in the State of Haryana which would have not only brought in revenue but would have created a large number of job opportunities, besides developing the area as an industrial hub. He has referred to the photocopies of the records which have been produced herein and the notings to impress upon the Court that there was due application of mind from the very initiation of the process of acquisition till the issuance of the notification. About six thousand industrial units were required to be allotted plots immediately as per the directions of the Hon'ble Supreme Court dated 7.5.2004 and the development of the industrial plots was required for accommodating these units. The land acquisition and development of industrial infrastructure is a time consuming process. While the time taken in the development of infrastructure cannot be reduced, the process of land acquisition can be reduced if the same is carried out under the urgency provisions as contained under Section 17 of the LA Act. Prior to the issuance of the order dated 7.5.2004, all National Capital Region States, namely, Uttar Pradesh, Rajasthan and Haryana were associated with the National Capital Region Planning Board where the Hon'ble Supreme Court was informed that the State of Haryana had some industrial plots for shifting the units from Delhi. Accordingly, additional land was to be acquired for development so that other industrial units and entrepreneurs shifting out of Delhi State could be accommodated. The demand of the industrial infrastructure in Gurgaon district due to its locational advantage had to be exploited and accordingly, the land was identified for the said purpose. HSIIDC was identified for the development of the industrial infrastructure. HSIIDC proposed acquisition of land measuring 956 acres 5 kanals 18 marlas for expansion of Industrial Model Township Manesar ( IMT Manesar) which had already been developed accordingly. Notification under Section 4 read with clause (C ) of sub-section (2) of Section 17 of the LA Act was issued on 17.9.2004 for acquisition of the above-mentioned land falling in villages Nabada Fatehpur, Naurangpur, Manesar, Lakhnoula, Naharpur Kasan and Shikopur, Tehsil and District Gurgaon. The land was urgently needed by the Government on public expenses for a public purpose, namely, for setting up of Chaudhary Devi Lal Industrial Model Township, Phase-V, Manesar to be planned and developed as an integrated complex for industrial, institutional, commercial, recreational and other public utilities. Notification under Section 6 read with clause (c ) of sub-section (2) of Section 17 of the LA Act was issued by the State Government on 27.10.2004. As a subsequent event, the Hon'ble Apex Court was pleased to extend the period of shifting of industrial units from Delhi and the emergent situation for entrepreneurs existing in the National Capital Territory of Delhi did not remain so pressing. Accordingly, the delay in announcement of the award occurred. Notice under Section 9 was issued on 21.2.2006 and the award was announced by the Land Acquisition Collector on 9.3.2006. A large number of land owners accepted compensation and even preferred reference under Sections 18 and 30 of the LA Act. The possession of the land measuring 475 acres was taken by the State of Haryana vide Rapat No.654 dated 9.3.2006 but due to the stay granted by this Court vide order dated 2.11.2004, possession of the remaining land could not be taken. The land involved in the present Letters Patent Appeals wherein the writ petitions have been allowed, is scattered and the total land measuring therein is 290 acres. The purpose for which the acquisition has been made would be frustrated if the present acquisition is not upheld. The quashing of the notification qua the petitioners by the learned Single Judge would not only disturb the planning of the entire area but would also thwart the efforts of the appellant-State to expand an existing industrial township in a planned and coordinate manner. He, on this basis, has prayed for setting aside the order passed by the learned Single Judge.