LHC suspends Property Ownership Ordinance; orders return of all possessions
Chief Justice Miss Aalia Neelum raises serious queries regarding law’s implementation as judges rights snubbed: Says under this ordinance, even Jati Umra and homes of sitting judges might not remain secure: Questions unchecked powers of district admin and revenue authorities: Says jusges already functioning under pressure and ordinance undermined powers of civil judges: Remarks it would have been preferable to suspend Constitution of Pakistan altogether rather than enforce such a law
The Lahore High Court (LHC) on Monday suspended the enforcement of the Punjab Protection of Ownership of Immovable Property Ordinance, 2025, and ordered the immediate reversal of all property possessions carried out across the province under the law, raising serious constitutional concerns over the law’s implementation.
According to the 24NewsHD TV channel, hearing a series of petitions challenging the ordinance, LHC Chief Justice Miss Aalia Neelum strongly criticised the legislation, declaring the petitions admissible and issuing notices to all parties while seeking their responses.
The Chief Justice also removed objections raised by the LHC registrar’s office and ordered the formation of a full bench to hear all challenges to the law.
During the proceedings, Punjab Chief Secretary Zahid Akhtar Zaman appeared before the court on judicial orders. Addressing him directly, the Chief Justice said the Act had effectively stripped citizens of their civil rights, remarking that it would have been preferable to suspend the Constitution altogether rather than enforce such a law.
The Chief Justice questioned the credibility of property documentation processes, stating that fake registrations and records had become routine. She observed that under the law, a single complaint could lead to police-assisted evictions ordered by deputy commissioners, saying that even Jati Umra [a residence of the ruling Sharif family] would also not be safe if a petition for its ownership was filed by anyone.
Justice Neelum also raised sharp questions about the role of revenue officials, including assistant commissioners, deputy commissioners, and patwaris, asking whether the same officials accused of issuing false documents should be entrusted with handing over possession of properties. She further asked whether district administrators were being placed above the Supreme Court of Pakistan (SC).
The court expressed particular concern over dispute resolution committees established under the law, questioning their legal standing and authority to determine property ownership. The Chief Justice asked why contempt proceedings should not be initiated against these committees found to have abused their powers.
Justice Neelum said the ordinance undermined the powers of civil judges working under the Pakistan Penal Code and the Civil Procedure Code, adding that judges were already functioning under significant pressure.
She also directly questioned the secretary why he continued to defend the law despite granting sweeping powers to revenue authorities. Referring to pending contempt cases against deputy commissioners and district police officers, she asked whether such officials could be trusted to carry out lawful enforcement.
The Chief Justice concluded by remarking that courts decide cases with reason, not emotion, and expressed concern that under the present framework, even the homes of sitting judges might not remain secure.
The Punjab government introduced the Punjab Protection of Ownership of Immovable Property Ordinance, 2025, a landmark law effective in late 2025, to combat land grabbing with severe penalties (5-10 years in jail) and fast-track dispute resolution (90 days) through District Dispute Resolution Committees (DRCs).