LEGAL
Lahore High Court Justice Faisal Zaman Khan on Monday observed that the recently introduced Punjab Protection of Ownership of Immovable Property Ordinance, 2025 should not be politicised, as he heard a petition challenging the law filed by two PTI-backed members of the Punjab Assembly.
The ordinance, which empowers deputy commissioner-led committees to resolve property disputes within 90 days, has sparked controversy after Lahore High Court Chief Justice Aalia Neelum suspended its operation on December 22. The suspension prompted strong reactions from the Punjab government, which maintains that the law was introduced to curb land grabbing and protect property rights.
Justice Faisal Zaman Khan was hearing a petition filed by MPAs Imtiaz Mahmood and Ijaz Shafi, both backed by Pakistan Tehreek-e-Insaf (PTI), which sits in opposition in the Punjab Assembly. Representing the petitioners, lawyer Azhar Siddique appeared before the court.
During the hearing, Justice Khan questioned whether the petitioners had raised their objections to the law on the floor of the Punjab Assembly. He remarked that despite “extensive trolling,” the court had taken up the matter, but expressed regret that elected representatives had chosen litigation over parliamentary debate.
The judge stressed that the issue involved the property rights of poor citizens and should not be turned into a political controversy. “Is it necessary to politicise the matter?” Justice Khan asked, adding that it would have been more appropriate had the petition been filed by an affected individual rather than lawmakers.
He further observed that the petition had been shared on social media even before the hearing and remarked that, in principle, the petitioners should consider withdrawing it. Justice Khan also noted that there was no urgency to hear the matter during the ongoing winter vacations and directed the court office to fix the petition before an appropriate bench after the vacations.
Meanwhile, in a separate development, Lahore High Court Justice Muhammad Raza Qureshi suspended decisions taken by deputy commissioner-led dispute resolution committees (DRCs) in four other petitions filed by aggrieved citizens.
The petitions were filed by Zubaida Bibi from Changa Manga and others, who challenged the property ownership protection law and actions taken under it. Justice Qureshi observed that commissioners and deputy commissioners did not possess the authority to remove possession of property on their own, particularly in cases already pending before civil courts.
The petitioners argued that despite status quo orders issued by civil courts, the DRCs had ordered the removal of possession on applications submitted by opposing parties. Accepting their plea, Justice Qureshi suspended the DRCs’ decisions and directed the court office to fix the cases before a full bench yet to be constituted.
The Punjab Protection of Ownership of Immovable Property Ordinance, 2025, approved by Chief Minister Maryam Nawaz on October 31, mandates the resolution of land disputes within 90 days. The law allows deputy commissioners to directly communicate with revenue officials and civil courts to prevent delays caused by repeated stay orders.
However, Chief Justice Aalia Neelum suspended the ordinance earlier this month, expressing concern that it concentrated excessive power in administrative hands. She questioned how a revenue officer could hand over possession of property while the matter was pending before a civil court and warned that the law undermined civil rights, judicial supremacy and the civil justice system.
Following the suspension, Punjab Chief Minister Maryam Nawaz defended the ordinance, stating that the court’s decision was not in line with established judicial principles and would benefit land-grabbing and encroachment mafias. She warned that the public could perceive the suspension as state patronage of illegal elements.
In contrast, the Pakistan Bar Council welcomed the LHC chief justice’s decision, cautioning the provincial government against implementing what it described as unlawful measures designed to serve land mafias.
The legal and political debate over the ordinance is expected to continue when the matter is taken up by a full bench after court vacations.