LHC Chief Justice Suspends Operation of Punjab Land Protection Ordinance

LAHORE: Lahore High Court (LHC) Chief Justice Aalia Neelum on Monday suspended the operation of the Punjab Protection of Ownership of Immovable Property Ordinance, 2025, through an interim order, also halting decisions made under the law to take possession of properties.

The order was issued during the hearing of petitions filed by Abida Parveen and others, who challenged actions taken under the newly enacted ordinance. The legislation authorises deputy commissioner-led committees to decide property disputes and mandates their resolution within 90 days.

While hearing the case, Justice Neelum expressed serious reservations about the ordinance, questioning its legal and constitutional implications. She observed that the law appeared to undermine the existing civil justice system and judicial authority by allowing revenue officials to decide disputes already pending before civil courts.

The chief justice questioned how a revenue officer could lawfully hand over possession of a property when the matter was sub judice before a civil court. She remarked that the ordinance effectively dismantled civil rights, civil judicial structures and judicial supremacy.

Justice Neelum also noted that the law did not provide an effective right of appeal to individuals affected by decisions taken under it, nor did it allow the high court to grant a stay in such matters. She warned that, if enforced, the ordinance could lead to arbitrary outcomes in property disputes.

During the hearing, the Punjab chief secretary and other government officials were present in court. However, the Punjab advocate general did not appear, with the court informed that he was unwell. In response, Justice Neelum observed that she herself was unwell and had been advised bed rest, but was nevertheless presiding over court proceedings.

The chief justice announced that a full bench would be constituted to hear the matter in detail and adjourned the proceedings.

Separately, a Punjab law officer said the provincial government could challenge the LHC’s interim order before the Supreme Court under its appellate jurisdiction. Speaking on condition of anonymity, the officer said the government could also approach the Federal Constitutional Court, as the case involved a question of law. He added that while the government might seek a review of the stay order from the proposed full bench, the prospects of relief through that route appeared limited.

The ordinance was approved by Punjab Chief Minister Maryam Nawaz on October 31. It has faced legal challenges since its promulgation, and in an earlier hearing, Justice Neelum had questioned the role of a newly created force under the Punjab Enforcement Regulatory Authority in property dispute matters.