SATISH KUMAR MITTAL , J. - (1.) The appellants have filed this Letters Patent Appeal against the judgment dated 16.4.2009, passed by the learned Single Judge, whereby the notifications dated 17.9.2004 and 27.10.2004, issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), respectively, for acquiring lands of certain persons, including respondents No.1 and 2, situated in various villages of District Gurgaon, for a public purpose, namely for setting up of Choudhary Devi Lal Industrial Model Township Phase V, Manesar, by invoking the urgency provisions and dispensing with the requirement of Section 5-A of the Act, have been quashed. The learned Single Judge, after taking into consideration the facts and circumstances of the case, has quashed the aforesaid notifications, after coming to the conclusion that the State Government has failed to exercise its power to abide by the mandate of law, and proceeded to invoke Section 17 (4) of the Act arbitrarily, without application of mind. However, while quashing the aforesaid notifications, the State Government has been given the liberty to initiate a fresh process of acquisition after complying with the provisions of the Act.
(2.) The said order was passed by the learned Single Judge on 16.4.2009, whereas the instant appeal has been filed on 21.12.2010, i.e. after a considerable delay of more than one year and one month (415 days), along with an application (CM No. 5450 of 2010) for condonation of delay, which reads as under :- "1. That the above stated Civil Writ Petition was decided by the Hon'ble Punjab and Haryana High Court, Chandigarh on 16.04.2009 by Mr. Justice Rajive Bhalla, Judge of the Hon'ble Punjab and Haryana High Court in favour of the respondent/ petitioner. 2. That the State Government has decided to file Letters Patent Appeal in this case. 3. That the Advocate General, Haryana has opined to file the above LPA in the Hon'ble Court vide their memo No. 1425 dated 13.01.2010. 4. That the Legal Remembrance and Secretary to Government Haryana, Law and Legislative Department, Chandigarh agreed with the views of the Advocate General, Haryana and, accordingly, issued instructions to the Advocate General, Haryana for filing the LPA vide their memo No. 1425 dated 13.01.2010. 5. That from the averments made in the above paras, it is revealed that there is no malafide on the part of the appellant in filing the LPA at this stage. There is no intentional delay rather it is a procedural delay in filing the present LPA. Thus the delay of 415 days deserves to be condoned. It is, therefore, respectfully prayed that the present application may kindly be accepted and the delay of 415 days in filing the present appeal may kindly be condoned in the interest of justice."
(3.) The application is supported by the affidavit of the Joint Secretary to Government Haryana, Industries and Commerce Department, Chandigarh.;