LHC CJ issues Interim order against Punjab Property Ownership Law

LAHORE: Chief Justice (CJ) Aaliya Neelum of the Lahore High Court (LHC) issued a two-page interim written order on Monday night, barring the implementation of the Punjab Property Ownership Ordinance, ARY News reported.

The interim order was issued in response to a petition filed by Mumtaz Hussain and others.

Through this order, the court also issued specific instructions to the Dispute Resolution Committee, directing it to restore the status of all properties to their condition prior to the filing of the petitions.

The court further ruled that any action taken under the property ownership ordinance will remain suspended until further notice.

The order emphasized that property rights are protected under Articles 23 and 24 of the Constitution. It noted that certain clauses of the Act appear to clash with Article 10 of the Constitution.

“A full bench shall be formed for further proceedings on these petitions,” the order stated.

Additionally, the court issued a 27-A notice to the Advocate General of Punjab for legal assistance. During the proceedings, the Additional Advocate General of Punjab informed the court that the ordinance became an Act following Assembly approval on December 18.

The order highlighted that the Additional Advocate General admitted the committees had exceeded their powers.

It further noted that while tribunals were supposed to decide on land occupation matters, no such tribunals have been formed to date.

Earlier in the day, the LHC restrained enforcement of the Punjab Property Ownership ordinance.

The high court ordered constitution of the full bench after removing objections over petitions.

The bench also returned all possessions handed over under the Punjab Property Ownership ordinance.

Chief Justice Aalia Neelum, addressing the government lawyer said,”inform the government that if this law remained, the Jati Umra will also slip from hands in half an hour”. “I think the chief secretary didn’t read this law,” chief justice remarked.

“Some people intend to be handed over all powers to them,” Justice Aalia Neelum said. “Why this law made and what is its objective,” the top judge questioned.

“When a matter has been under hearing of a civil court, how could the revenue officer hands over possession,” chief justice questioned. “The legislation appeared to have dismantled the civil set-up, undermined civil rights, and eroded judicial supremacy,” Justice Aalia Neelum said,” Justice Aalia Neelum said. In strong remarks, she said that “if given free rein, the authors of the law would have even suspended the Constitution.”

“You won’t have right to appeal when the DC hands over your house’s possession to another person,” bench remarked. “This law says even the high court could not issue stay over the matter,” chief justice said.