LHC CJ suspends operation of Punjab land protection ordinance

Published
21
A File photo of Justice Aalia Neelum. — LHC/File
A File photo of Justice Aalia Neelum. — LHC/File

LAHORE: Lahore High Court (LHC) Chief Justice Aalia Neelum issued an interim order on Monday to suspend 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 issued the ruling during a hearing of petitions by Abida Parveen and others that challenged decisions pertaining to property disputes taken under the ordinance. Through her interim order, she also suspended decisions taken under the new legislation to take away the possession of properties.

Expressing her disapproval of the law, she remarked: “Someone should inform the government that if this law remains in force, even Jati Umra (the Sharif family residence) could be vacated within half an hour.

“It appears that some people want to hold all powers.”

Questioning the purpose of the law, CJ Neelum asked how could a revenue officer hand over the possession of a property in a matter pending before a civil court.

The judge observed that the new law had dismantled the civil setup, civil rights and judicial supremacy.

“If it is up to the authorities, they would even suspend the Constitution,” she added.

Justice Neelum further pointed out that in case of a deputy commissioner handing over the possession of an individual’s house to someone else under the new law, the affected person did not have the right to appeal.

“The new law does not allow the high court to grant a stay in such matters,” she noted.

The Punjab chief secretary and other government officials were present at the hearing today, but the Punjab advocate general did not appear before the court. The court was told that the principal law officer was ill.

On this explanation, Justice Neelum remarked that she, too, was ill and had been advised bed rest, but was in the court presiding over proceedings.

The CJ then said that a full bench would be constituted to further proceed on the matter adjourned the hearing.

Separately, a Punjab law officer explained to Dawn that the Punjab government could challenge the LHC’s interim order before the Supreme Court under its appellate jurisdiction.

The officer, speaking on condition of anonymity, said that the provincial government could approach the Federal Constitutional Court as well, since that case involved a question of law.

“The government may also request the proposed full bench to review the stay order. However, its chances of obtaining relief through that route are relatively slim,” he added.

The ordinance in question was approved by Punjab Chief Minister Maryam Nawaz on October 31 and mandates the resolution of land disputes within 90 days.

It has been challenged before the LHC, and during a previous hearing on the matter, Justice Neelum had questioned the involvement of a newly-created force under the Punjab Enforcement Regulatory Authority (Pera) in such matters.

She had also commented that “patwaris (revenue officials) and ACs (assistant commissioners) seem to have developed a desire to become judges”, and questioned the jurisdiction of a patwari to take cognisance of a matter already pending before the Supreme Court.

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