DHARAM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) M/s. D.L.F. Universal Ltd., 21-22, Narindra Place, Parliament Street, New Delhi (respondent No. 2) purchased the agricultural land in dispute from the relatives of the petitioners. The petitioners filed suits for possession separately by way of pre-emption on different dates in the Court of the Senior Sub-Judge, Gurgaon. During the pendency of the suits, the State Government issued Notification No. 2359-R(2)-82/15682, dated 8th May, 1982, under Section 8(2) of the Punjab Pre-emption Act, 1913 (hereinafter referred to as the Pre-emption Act), declaring that no right of pre-emption shall exist with respect to the said sales. Copy of the aforesaid notification is attached with the petition as Annexure P. 1. Feeling aggrieved, the petitioners filed the present petition under Articles 226 and 227 of the Constitution of India challenging the impugned notification on the sole ground of mala fides and non-application of mind.

(2.) The purpose in the notification for exempting the land in dispute from pre-emption was for setting up a housing colony.

(3.) The State of Haryana and respondent No. 2 have filed their returns, in which they have denied the allegation of mala fides.