The Lahore High Court (LHC) on Thursday adjourned proceedings on petitions challenging the Punjab Property Ownership Ordinance, as Chief Justice Alia Neelam raised sharp questions over the law and its implementation.
The hearing was held on a petition filed by citizen Saifullah against the Punjab Property Ownership Ordinance. Chief Justice Alia Neelam presided over the case at the Lahore High Court.
During the proceedings, the court dismissed objections on six petitions and formally took them up for hearing.
The court issued notices on all petitions and sought replies from the Punjab government and relevant authorities by December 22. The proceedings were adjourned until the next hearing date.
Advocate Qamaruz Zaman Awan and others appeared on behalf of the petitioners.
AC Kot Momin appears, DC Sargodha absent
Kot Momin Assistant Commissioner (AC) Faisal Cheema appeared before the court during the hearing. However, the Sargodha deputy commissioner (DC) failed to appear despite being summoned.
When questioned, the government lawyer told the court that the DC could not attend due to the closure of the motorway.
Reacting strongly, Chief Justice Neelam remarked that motorways are often closed and questioned what official duties the DC would abandon every time this happens. The court issued a show-cause notice and directed that a reply be submitted.
“What kind of joke is this?” the Chief Justice asked the public prosecutor during the exchange.
Strong remarks on powers of patwaris, ACs
The chief justice expressed serious reservations over the Punjab government’s property laws, particularly the authority given to patwaris and assistant commissioners.
“These patwaris and ACs are so keen to become judges,” she remarked, adding that if they wish to decide cases, they should pass the required exams and formally join the judicial system.
She also questioned how a patwari could take action on a property matter when a related case is already pending before the Supreme Court. “Has Pakistan now become a jungle?” she asked.
She further questioned whether patwaris and tehsildars who prepare fake documents should be deciding property ownership issues.
Court rejects alleged injustice
“We will not allow this injustice to happen,” Chief Justice Alia Neelam stated firmly. She also questioned the role of enforcement staff, asking whether they were now authorised to use force against citizens.
The court further inquired who drafted the law and whether any legal experts were consulted before its enactment.
The CJ observed that although tribunals had been created under the new law, they appeared to be nothing more than an illusion, offering no real legal remedy.
Background of property dispute
According to the petitioners, a property in Faisalabad had been leased for 50 years and the matter was already pending before the Supreme Court.
Despite this, the opposing party approached the deputy commissioner under the new Punjab law, after which the Faisalabad DC sealed the property.
The petitioners requested the court to declare the decision of the Faisalabad DC null and void, arguing that the action was unlawful and violated due legal process.
The Lahore High Court will resume hearing the case after receiving replies on December 22.
