Refers petitions against ordinance to full bench
Says under new law even Jati Umra can be vacated
LAHORE:
Lahore High Court (LHC) Chief Justice Aalia Neelum has issued an interim order, suspending the operation of the newly enacted Punjab Protection of Ownership of Immovable Property Ordinance, 2025, which empowers deputy commissioner-led committees to decide property disputes.
Justice Neelum on Monday issued the ruling on Monday during a hearing of petitions filed by Abida Parveen and others who challenged decisions pertaining to property disputes taken under the ordinance.
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 tribunalto be headed by a former judge LHC or district judgehad 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.
Through her interim order on Monday, the LHC chief justice also suspended decisions taken under the new legislation to take away the possession of properties. The court also ordered the restoration of possession in cases where takeovers had been carried out under the ordinance.
The court directed petitioners to remove procedural objections and recommended the formation of a full bench to hear all connected petitions.
During the hearing, Punjab chief secretary appeared before the court in compliance with an earlier order. The chief justice questioned the intent and consequences of the law.
She remarked that if such a law remained in force, “even Jati Umra [the family residence of Punjab Chief Minister Maryam Nawaz and Prime Minister Shehbaz Sharif] could be vacated within half an hour.”
She also questioned the absence of the Punjab advocate general. When the court was told that the AG was unwell, the judge remarked she appeared in court despite medical advice to remain on bed.
Addressing the chief secretary, the chief justice observed that it appeared the law had not been properly read. She also questioned whether it was designed to vest unchecked powers in certain individuals. “What purpose did the ordinance serve and why was it enacted? She asked.
The chief justice further questioned how a revenue officer could grant possession when a matter was already pending before a civil court, observing that the ordinance undermined the civil justice system, civil rights, and judicial supremacy.
She remarked that the law effectively deprived citizens of the right to appeal and even barred the high court from granting a stay.
Justice Neelum observed that under the ordinance, a deputy commissioner could hand over possession on the basis of a complaint, leaving the affected party without immediate legal remedy.
She also raised concerns about the prevalence of fake property registrations and forged documents, questioning how such risks were addressed under the law. The court later halted the implementation of the ordinance until further proceedings before a full bench.
