LEGAL
Lahore High Court (LHC) Chief Justice Aalia Neelum on Monday issued an interim order suspending the operation of the newly enacted Punjab Protection of Ownership of Immovable Property Ordinance, 2025, which authorises deputy commissioner-led committees to decide property disputes.
The chief justice passed the order while hearing petitions filed by Abida Parveen and others, challenging actions taken under the ordinance. The court also suspended all decisions made under the law that resulted in dispossession of properties.
Expressing strong reservations over the legislation, Justice Neelum remarked that if the law remained in force, “even Jati Umra could be vacated within half an hour,” adding that it appeared certain quarters wanted to concentrate all powers in their hands.
She questioned how a revenue officer could hand over possession of a property while the matter was already pending before a civil court, observing that the ordinance had effectively dismantled the civil justice system, civil rights, and judicial supremacy.
“If it were up to the authorities, they would even suspend the Constitution,” the chief justice remarked.
Justice Neelum further noted that under the new law, an affected individual whose property was taken over on the orders of a deputy commissioner had no right to appeal. She also pointed out that the ordinance barred even the high court from granting a stay in such cases.
Senior provincial officials, including the Punjab chief secretary, were present during the hearing. However, the Punjab advocate general did not appear before the court, with officials stating that he was unwell.
Responding to this explanation, the chief justice observed that despite being advised bed rest due to illness, she was present in court to hear the matter.
Justice Neelum announced that a full bench would be constituted to further hear the case and adjourned the proceedings.
Separately, a Punjab law officer told Dawn that the provincial government could challenge the LHC’s interim order before the Supreme Court under its appellate jurisdiction. The officer added that the government could also approach the Federal Constitutional Court, as the matter involved a significant question of law.
“The government may also request the proposed full bench to review the stay order, though the chances of relief through that route are slim,” the officer said on condition of anonymity.
The ordinance, approved by Punjab Chief Minister Maryam Nawaz on October 31, mandates the resolution of land disputes within 90 days. During earlier hearings, Justice Neelum had questioned the role of a newly-created force under the Punjab Enforcement Regulatory Authority (Pera) in property matters.
She had also remarked that “patwaris and assistant commissioners seem to have developed a desire to become judges” and questioned how revenue officials could take cognisance of cases already pending before superior courts.