LHC judge hears PTI-backed MPAs’ pleas against property protection law, say matter ‘should not be politicised’

LAHORE: The Lahore High Court’s Justice Faisal Zaman Khan said on Monday that the matter of the new property protection law “should not be politicised”, as he took up a petition filed by two PTI-backed lawmakers challenging the Punjab Protection of Ownership of Immovable Property Ordinance, 2025. The ordinance, which empowers deputy commissioner-led committees to decide property disputes, has become a point of contention with LHC Chief Justice Aalia Neelum suspending its operation on December 22 and the provinicial government voicing opposition to the court decision. Today, Justice Faisal Zaman Khan took up a petition filed by two members of the Punjab Assembly against the ordinance. The petition was filed by MPAs Imtiaz Mahmood and Ijaz Shafi — who are both backed by the PTI, which is in the opposition in Punjab — on Saturday. Their lawyer, Azhar Siddique, appeared before the court at the hearing where the judge asked him whether the petitioners had raised their concerns against the law in the Punjab Assembly. The judge further remarked that despite “extensive trolling”, the court had taken up the matter. He expressed regret that the petitioners had not raised the matter in the assembly and opted to file a petition in the court instead, observing that the issue “should not be politicised” as it involves the property rights of poor citizens. Justice Khan asked the lawyer whether it was “necessary to politicise the matter”. He further said that it would have been understandable had the petition been filed by an affected person and regretted that the petition was posted on Facebook before the hearing. “Principally, you should withdraw your petition,” the judge said while addressing the lawyer. Observing that there was no urgency to entertain the petition during the ongoing winter vacations, he instructed the court office to fix it before any appropriate bench after the vacations. LHC suspends decisions taken by DRCs in property disputes Separately, Justice Muhammad Raza Qureshi of the LHC suspended the decisions of deputy commissioner-led dispute resolution committees (DRC) in four other petitions filed by the aggrieved persons. Zubaida Bibi from Changa Manga and others had approached the court against the property ownership protection law and decisions taken by DRCs. Justice Qureshi observed that commissioners and deputy commissioners did not have the authority to “remove the possession of a property on their own”. For their part, the petitioners pointed out that the disputes over ownership of the land were already pending before civil courts, and the status quo was also maintained by the courts. They said the DRCs ordered the removal of possession on applications filed by the opposing parties despite the pendency of the matter before the courts. Justice Qureshi suspended the DRCs’ decisions and ordered the office to fix the petitions before a yet-to-be-formed full bench for further hearing. The diagreement The recently passed legislation — Punjab Protection of Ownership of Immovable Property Ordinance 2025 — mandates resolution of land disputes within 90 days. It was approved by Punjab Chief Minister Maryam Nawaz on October 31. It empowers DCs to communicate directly with revenue officials and civil courts — a measure that is said to be aimed at preventing unnecessary stay orders that delay justice. However, LHC CJ Neelum suspended the ordinance’s operation earlier this month, observing that “it appears that some people want to hold all powers”. She also questioned the purpose of the law and asked how could a revenue officer hand over the possession of a property in a matter pending before a civil court. The LHC CJ observed that the new law had dismantled the civil setup, civil rights and judicial supremacy. “If it is up to the authorities, they would even suspend the Constitution,” she said. A day after the LHC CJ’s directive, Punjab CM Maryam Nawaz argued against the decision, saying in a statement that it was “not in line with the settled principles laid down by the superior judiciary”. Its suspension would “benefit encroachment and land-grabbing mafias”, and the public would perceive it as state patronage of such elements, she said. The Pakistan Bar Council (PBC), on the other hand, had backed the LHC CJ’s decision and cautioned the Punjab government against implementing what it describes as the “unlawful aspirations of land mafias”.