LAHORE: Lahore Excessive Court docket’s Justice Faisal Zaman Khan stated on Monday that the matter of the brand new property safety regulation “shouldn’t be politicised”, as he took up a petition filed by two PTI-backed lawmakers difficult the Punjab Safety of Possession of Immovable Property Ordinance, 2025.
The ordinance, which empowers deputy commissioner-led committees to determine property disputes, has grow to be some extent of competition with LHC Chief Justice Aalia Neelum suspending its operation on December 22 and the provincial authorities. Voicing opposition to the courtroom determination.
At present, Justice Faisal Zaman Khan took up a petition filed by two members of the Punjab Meeting towards the ordinance. The petition was filed by MPAs Imtiaz Mahmood and Ijaz Shafi — who’re each backed by the PTI, which is within the opposition in Punjab — on Saturday.
Their lawyer, Azhar Siddique, appeared earlier than the courtroom on the listening to the place the choose requested him whether or not the petitioners had raised their issues towards the regulation within the Punjab Meeting.
The choose additional remarked that regardless of “in depth trolling”, the courtroom had taken up the matter.
He expressed remorse that the petitioners had not raised the matter within the meeting and opted to file a petition within the courtroom as a substitute, observing that the difficulty “shouldn’t be politicised” because it includes the property rights of poor residents.
Justice Khan requested the lawyer whether or not it was “essential to politicize the matter”.
He additional stated that it might have been comprehensible had the petition been filed by an affected individual and regretted that the petition was posted on Fb earlier than the listening to.
“Principally, you must withdraw your petition,” the choose stated whereas addressing the lawyer.
Observing that there was no urgency to entertain the petition through the ongoing winter holidays, he instructed the courtroom workplace to repair it earlier than any applicable bench after the holidays.
LHC suspends choices taken by DRCs in property disputes
Individually, Justice Muhammad Raza Qureshi of the LHC suspended the choices of deputy commissioner-led dispute decision committees (DRC) in 4 different petitions filed by the aggrieved individuals.
Zubaida Bibi from Changa Manga and others had approached the courtroom towards the property possession safety regulation and choices taken by DRCs.
Justice Qureshi noticed that commissioners and deputy commissioners didn’t have the authority to “take away the possession of a property on their very own”.
For his or her half, the petitioners identified that the disputes over possession of the land had been already pending earlier than civil courts, and the established order was additionally maintained by the courts.
They stated the DRCs ordered the elimination of possession on functions filed by the opposing events regardless of the pendency of the matter earlier than the courts.
Justice Qureshi suspended the DRCs’ choices and ordered the workplace to repair the petitions earlier than a yet-to-be-formed full bench for additional listening to.
The settlement
The lately handed laws — Punjab Safety of Possession of Immovable Property Ordinance 2025 — mandates decision of land disputes inside 90 days. It was approved by Punjab Chief Minister Maryam Nawaz on October 31.
It empowers DCs to speak straight with income officers and civil courts — a measure that’s stated to be geared toward stopping pointless keep orders that delay justice.
Nonetheless, LHC CJ Neelum suspended the ordinance’s operation earlier this month, observing that “it seems that some individuals wish to maintain all powers”.
She additionally questioned the aim of the regulation and requested how a income officer might hand over the possession of a property in a matter pending earlier than a civil courtroom.
The LHC CJ noticed that the brand new regulation had dismantled the civil setup, civil rights and judicial supremacy. “Whether it is as much as the authorities, they might even droop the Structure,” she stated.
A day after the LHC CJ’s directive, Punjab CM Maryam Nawaz argued towards the choice, saying in a press release that it was “not in keeping with the settled ideas laid down by the superior judiciary”.
Its suspension would “profit encroachment and land-grabbing mafias”, and the general public would understand it as state patronage of such components, she stated.
The Pakistan Bar Council (PBC), however, had backed the LHC CJ’s determination and cautioned the Punjab authorities towards implementing what it described because the “illegal aspirations of land mafias”.
