LHC stays proceedings on Punjab property law, refers petitions to larger bench

Court questions unchecked executive powers, notes rules not yet formulated

The Lahore High Court on Wednesday issued stay orders on all petitions related to the Punjab Property Ordinance and referred the matter to a larger bench.

The court also issued notices to the Punjab government and other respondents, seeking their replies. It asked for records of the proceedings of the committees formed under the law.

The petitions, including one filed by citizen Mushtaq Ahmed, were heard by Chief Justice Alia Neelum.

On Dec. 22, the court had suspended the implementation of the ordinance. It recommended the formation of a full bench to hear objections and ordered the restoration of possession of properties seized under the law.

The Punjab Property Ownership Ordinance was passed last month to curb land grabbing across the province.

Under the law, a District Dispute Resolution Committee is set up in each district. The committee is headed by the deputy commissioner and includes the district police officer, the additional deputy commissioner (revenue) and other officials.

Read: LHC suspends Punjab property ordinance

The committee is empowered to summon records, hold hearings and take immediate administrative steps to protect property.

Complaints are to be decided within 90 days. A one-time extension of another 90 days may be granted with the approval of the commissioner.

The law requires parties to appear in person. Lawyers are generally not allowed to represent them.

During Wednesday’s hearing, Assistant Advocate General Waqas Umar appeared for the Punjab government.

The chief justice questioned whether possession was being granted with the consent of both parties.

“If both parties had agreed, why would possession petitions come to the High Court?” she asked.

The court also questioned the applicable rules under which the committees are functioning.

The assistant advocate general replied that the rules have not yet been framed.

“The rules under which proceedings are to be conducted have not yet been made,” Chief Justice Neelum observed.

The court noted that a para force has been authorised to assist the government in enforcing possession orders.

Read more: Is Punjab Property Ordinance suspension temporary hiccup?

However, it observed that under Section 8 of the law, the committees do not have the authority to take possession of property.

The court directed the Punjab government to submit answers to these questions before the larger bench.

“What does the law say, and if the committees are functioning…” the chief justice remarked.

The court noted that despite being shown civil court orders, the committees were reportedly refusing to comply.

The Lahore High Court reiterated that stay orders remain in place on all related petitions.

Punjab Chief Minister Maryam Nawaz criticised the court’s earlier decision to suspend the ordinance. She accused the court of aiding land mafias by halting the law.

Responding to the suspension of the Punjab Protection of Ownership of Immovable Property Act 2025, she said the law was meant to help millions of citizens.

The court, however, raised what it described as serious questions requiring careful examination.

It asked what motivated the executive to vest unchecked powers in certain individuals, what purpose the ordinance served, and why it was enacted.