LAHORE:
The Lahore High Court (LHC) has overturned the decisions of deputy commissioner-led committees that granted the possession of properties to people in 10 districts of Punjab under the Punjab Protection of Ownership of Immovable Property Act, 2025.
An LHC bench comprising Chief Justice Aalia Neelum on Friday reversed the decisions after hearing petitions against the provincial law, which empowered deputy commissioner-led committees to decide property disputes.
While hearing the pleas, Justice Neelum on December 23 issued an interim order, suspending the operation of the newly enacted property law.
Punjab Chief Minister Maryam Nawaz on December 24 expressed reservations about the LHC’s decision, arguing that the move would “benefit encroachment and land-grabbing mafias”.
However, bar councils has endorsed the LHC’s decision.
During the hearing on Friday, the chief justice remarked that had the “patwaris” performed their duties promptly, such issues would not have arisen. Rejecting a notion of prolonged pendency of civil litigation, the chief justice observed that she was well aware of how many old cases were pending before courts.
She said commissioners and deputy commissioners had no authority to remove or restore possessions of properties on their own, and questioned how many laws the government would throw aside.
The chief justice regretted that deputy commissioners ordered the removal of possessions despite the fact that the matters were pending before the civil courts.
A citizen from Depalpur who had obtained possession under the new law also appeared before the court. However, the chief justice ordered him to give up the possession.
When confronted, a lawyer for the citizen conceded before the court that the deputy commissioner-led committee had acted beyond its authority.
Justice Neelum observed that since the lawyer himself had admitted that the DC had exceeded his authority, an action could be initiated against the committee members.
The lawyer asked where people would go if they did not get justice from the judicial system. He said the dispute resolution committee (DRC) had handed over possession of the property within 27 days.
However, the chief justice snubbed the lawyer, instructing him not to make sensational statements for the consumption of newspaper headlines.
She observed that a DC could not pass such a decision as the power to decide was vested with the tribunals formed under the new law.
She said the issue before the court was not whether the petitioners were the owners of the property, but whether deputy commissioners had the authority to make such decisions.
Suspending the enforcement of the DRC’s orders for possessions, the chief justice referred the petitions to a yet-to-be-constituted full bench for further hearing.
The Punjab Protection of Ownership of Immovable Property Ordinance, 2025 was notified on October 30 with the avowed aim to provide a robust shield to citizens against property fraud and illegal transfers.
The ordinance introduced a two-tier system for swift resolution of property disputes. A Dispute Resolution Committee (DRC), chaired by a deputy commissioner and comprising senior administrative and police officials, was set up in every district.
The committee had powers equivalent to a civil court, allowing it to summon individuals, examine records, and take administrative steps to protect lawful ownership.
It was required to decide complaints within 90 days, extendable once for another 90 days with approval from the divisional commissioner. If the DRC failed to achieve an amicable settlement, the matter was to be referred to a newly created Property Tribunal established in every district.
Each tribunal — to be headed by a former judge LHC or district judge — had exclusive jurisdiction to try all offences and title disputes, functioning both as a civil and sessions court.
It was obligated to conduct proceedings on a day-to-day basis and conclude trial within 90 days of receipt, ensuring faster justice for rightful property owners.
