LAHORE:
The Lahore High Court (LHC) has set aside the decisions of committees headed by deputy commissioners which granted possession of properties to people in 10 districts of Punjab under the Punjab Protection of Ownership of Immovable Property Act, 2025.
An LHC bench including Chief Justice Aalia Neelum on Friday overturned the decisions after hearing petitions against the provincial law, which empowers committees headed by the deputy commissioner to adjudicate property disputes.
While hearing the pleas, Justice Neelum on December 23 passed an interim order suspending the operation of the newly enacted Property Act.
Punjab Chief Minister Maryam Nawaz on December 24 expressed reservations over the LHC’s decision, arguing that the move would “benefit encroachment and land-grabbing mafias”.
However, the bar councils approved the LHC’s decision.
During the hearing on Friday, the chief justice remarked that if the ‘patwaris’ had performed their duties promptly, such problems would not have arisen. Dismissing the idea of a prolonged stay on civil litigation, the Chief Justice observed that she was well aware of the number of old cases that were pending before the courts.
She said commissioners and deputy commissioners did not have the authority to remove or restore properties on their own, and she wondered how many laws the government would throw out.
The chief justice regretted that the deputy commissioners ordered the confiscation of the assets while the cases were pending in the civil courts.
A citizen of Depalpur who had obtained possession under the new law also appeared before the court. However, the chief justice ordered him to relinquish possession.
When confronted, the citizen’s lawyer admitted in court that the committee headed by the deputy commissioner had acted beyond its powers.
Justice Neelum observed that since the lawyer himself had admitted that the DC had exceeded his powers, a case could be filed against the committee members.
The lawyer asked where people would go if they did not get justice from the justice system. He said the Dispute Resolution Committee (DRC) handed over possession of the property within 27 days.
However, the chief justice snubbed the lawyer, ordering him not to make sensational statements to attract headlines.
She observed that a DC could not take such a decision as the decision-making power rested with the courts constituted under the new law.
She said the question before the court was not whether the applicants were the owners of the property, but whether the deputy commissioners had the authority to make such decisions.
Suspending the execution of the DRC property seizure orders, the chief justice referred the petitions to a full court, which has not yet been constituted, for further hearing.
The Punjab Protection of Immovable Property Ordinance, 2025, was notified on October 30 with the stated aim of providing citizens with a strong shield against real estate fraud and illegal transfers.
The ordinance introduced a two-tier system for speedy resolution of property disputes. A Dispute Resolution Committee (DRC), chaired by a deputy commissioner and comprising senior administrative and police officials, has been set up in each district.
The committee had powers equivalent to those of a civil court, allowing it to summon individuals, review records, and take administrative action to protect legal property.
He was required to decide the complaints within 90 days, renewable once for another 90 days with the approval of the divisional commissioner. If the DRC failed to reach an amicable settlement, the matter was to be brought before a newly created land court established in each district.
Each court – headed by a former LHC judge or district judge – had exclusive jurisdiction to try all offenses and title disputes, functioning as both a civil court and a court of sessions.
He was required to conduct the proceedings on a daily basis and conclude the case within 90 days of receipt, thereby ensuring faster justice for the rightful owners.
