LAHORE:
The Lahore High Court (LHC) quashed the decisions of committees headed by deputy commissioners granting possession of properties to people in 10 districts of Punjab under the Punjab Immovable Property Protection Act, 2025.
An LHC bench comprising Chief Justice Aalia Neelum on Friday overturned the decisions after hearing petitions against the provincial law, which empowered committees led by deputy commissioners to decide property disputes.
While hearing the arguments, Judge Neelum on December 23 issued an interim order, suspending the application of the recently enacted property law.
Punjab Chief Minister Maryam Nawaz on December 24 expressed reservations over the LHC’s decision, arguing that the move would “benefit land-grabbing and usurping mafias.”
However, the bar associations supported the LHC’s decision.
During the hearing on Friday, the Chief Justice remarked that if the ‘patwaris’ had discharged their duties promptly, such issues would not have arisen. Rejecting the idea of a protracted pendency of civil litigation, the Chief Justice noted that she was well aware of how many old cases were pending before the courts.
He said commissioners and deputy commissioners had no authority to remove or restore property holdings on their own, and questioned how many laws the government would scrap.
The chief justice regretted that the deputy commissioners ordered the removal of possessions even though the matters were pending before the civil courts.
A citizen of Depalpur who had obtained possession under the new law also appeared before the court. However, the president of the Supreme Court ordered him to renounce possession.
When confronted, a citizen’s lawyer admitted in court that the committee led by the deputy commissioner had acted beyond its authority.
Justice Neelum observed that since the lawyer himself had admitted that the DC had exceeded his authority, action could be initiated against the committee members.
The lawyer asked where people would go if they did not get justice from the court system. He said the dispute resolution committee (DRC) had handed over possession of the property within 27 days.
However, the Chief Justice snubbed the lawyer and ordered him not to make sensational statements for newspaper headline consumption.
He noted that a DC could not make such a decision as the power to decide rested with the courts formed under the new law.
He said the issue before the court was not whether the petitioners were the owners of the property, but whether the deputy commissioners had the authority to make such decisions.
Staying the execution of the DRC possession orders, the Chief Justice referred the petitions to a yet-to-be-constituted full court for further hearing.
The Punjab Immovable Property Protection Ordinance, 2025 was notified on October 30 with the stated objective of providing a strong shield to citizens against real estate fraud and illegal transfers.
The ordinance introduced a two-tier system for the quick resolution of property disputes. A Dispute Resolution Committee (CDR) was created in each district, chaired by a deputy commissioner and comprising senior administrative and police officials.
The committee had powers equivalent to those of a civil court, allowing it to subpoena people, examine records, and take administrative action to protect legal property.
It was to resolve the complaints within a period of 90 days, extendable once for another 90 days with the approval of the divisional commissioner. If the DRC failed to reach an amicable agreement, the matter was to be referred to a newly created Property Court established in each district.
Each court, which would be headed by a former LHC judge or a district judge, had exclusive jurisdiction to try all crimes and title disputes, and functioned as a civil and sessions court.
It was required to carry out the proceedings on a daily basis and conclude the trial within 90 days of receipt, ensuring faster justice for the rightful owners.
