LAHORE: Lahore High Court (LHC) Chief Justice Aalia Neelum on Monday suspended the operation of the Punjab Protection of Ownership of Immovable Property Ordinance, 2025, expressing serious concern over what she described as the concentration of “unchecked powers” in the hands of the executive.
Issuing an interim order while hearing petitions filed by Abida Parveen and others, the chief justice also suspended all actions and decisions taken under the ordinance, including the removal of possession of properties through deputy commissioner-led committees.
The controversial law authorises administrative committees headed by deputy commissioners to decide land and property disputes within 90 days — a power traditionally exercised by civil courts.
During the hearing, Justice Neelum strongly criticised the legislation, warning of its far-reaching implications. “Someone should inform the government that if this law remains in force, even Jati Umra could be vacated within half an hour,” she remarked, adding that it appeared some quarters were seeking to consolidate all authority.
Questioning the very rationale of the ordinance, the chief justice asked how a revenue officer could lawfully hand over possession of a property in a matter already pending before a civil court. She observed that the law had effectively dismantled the civil justice system, undermined civil rights, and encroached upon judicial supremacy.
“If it were left to certain authorities, they would even suspend the Constitution,” she said.
Justice Neelum further pointed out that the ordinance deprived affected citizens of the right to appeal if a deputy commissioner ordered eviction or transfer of possession. She noted with concern that the law also curtailed the high court’s authority to grant stay orders in such cases.
The Punjab chief secretary and other senior government officials were present during the hearing, while the Punjab advocate general did not appear. The court was informed that the province’s principal law officer was unwell.
Responding sharply, Justice Neelum remarked that she herself had been advised bed rest due to illness but was still presiding over court proceedings.
Concluding the hearing, the chief justice announced that a full bench would be constituted to take up the matter in detail and adjourned the proceedings.
Separately, a Punjab law officer told Dawn that the provincial government was considering challenging the LHC’s interim order before the Supreme Court under its appellate jurisdiction. The officer said the government could also approach the Federal Constitutional Court, as the case involved important legal questions.
“The government may also request the proposed full bench to review the stay order, though the chances of relief through that route are relatively slim,” the official said, speaking on condition of anonymity.
The ordinance was approved by Punjab Chief Minister Maryam Nawaz on October 31 and aimed to ensure swift resolution of land disputes. However, it has drawn sharp criticism from legal circles for allegedly bypassing judicial processes.
During an earlier hearing, Justice Neelum had already questioned the role of the newly created Punjab Enforcement Regulatory Authority (PERA) in land dispute matters. She had also remarked that “patwaris and assistant commissioners seem to have developed a desire to become judges,” questioning how revenue officials could take cognisance of cases pending before superior courts.
The court’s interim order has effectively halted the implementation of the ordinance until further proceedings.
