In the judgment pronounced on January 11, the bench, while quashing the orders directing the resumption of 17.75 acres allotted to Orbit Resorts for a health-cum-holiday spa in Gurgaon, had also set aside the single judge's order.

Today, in their application before Justice R.S. Mongia and Justice V.S. Aggarwal, the counsel for the applicant said the "interest of justice" required a stay on the judgment's operation for enabling them to move the Supreme Court for "obtaining appropriate orders".

Claiming the applicant to be safeguarding "valuable public property", he added that an "irrecoverable injury" would be suffered if the plot's physical possession was handed over to the appellant.

Referring to the background, the counsel stated that the plot had been resumed after the appellant had failed to raise construction even on 25 per cent of the area. The land, allotted during the then chief minister Devi Lal's regime, was resumed by HSIDC through a formal order (dated January 2, 1995) when Bhajan Lal was in power. Subsequently, a writ petition was filed by the appellant, challenging the resumption.

The single judge, while dismissing the writ petition, had held that the facts in controversy were in dispute and extraordinary jurisdiction of the court would not be exercised. He had held that the then chief minister's dictate had not prevailed upon HSIDC.

Challenging the resumption, the appellant had earlier alleged mala fide intentions. The orders, he had stated in the writ petition, were passed as a direct result of political malice. The resumption had been ordered by the then chief minister, who was Devi Lal's political rival, he had explained.

Claiming the orders to have been passed in gross violation of the principles of natural justice, he had stated that they were not even heard before the resumption orders were passed. Had an opportunity been given, they would have explained the reasons for non-construction or the incompletion of the project, it was added.