Deputy Commissioners Exceeded Legal Authority, Rules Chief Justice

The Lahore High Court (LHC), under Chief Justice Aalia Neelum, has overturned land possession orders issued by deputy commissioner-led committees in 10 districts of Punjab, declaring that these committees lacked the legal authority to grant or restore possession in land dispute cases.

Key Issue: Misuse of Powers Under 2025 Property Law

The orders were challenged under the Punjab Protection of Ownership of Immovable Property Act 2025, which allowed deputy commissioner-led committees to decide certain land disputes.

During the proceedings, the chief justice emphasized that civil courts and tribunals, not deputy commissioners, have the authority to decide possession matters.

“Commissioners and deputy commissioners cannot remove or restore possession on their own,” Justice Neelum observed.

Strong Remarks on Revenue Officials

Justice Neelum remarked that if patwaris (revenue officials) had performed their duties honestly and effectively, many of these disputes would never have reached this stage.

She also rejected claims about excessive delays in civil litigation, stating that she was fully aware of the courts’ case pendency realities.

Citizen Ordered to Vacate Property

A citizen from Depalpur, who had gained possession under the disputed law, appeared before the court. The LHC chief justice directed him to immediately relinquish possession.

Notably, the citizen’s lawyer admitted that the deputy commissioner-led committee acted beyond its mandate, prompting the court to warn that action could be initiated against committee members.

Court Rebukes Sensational Arguments

When the lawyer argued that the committee resolved the matter within 27 days, questioning where citizens should go if courts fail to deliver justice, the chief justice strongly rebuked the remarks.

She instructed the counsel not to make sensational statements for media headlines, clarifying that speed cannot justify illegality.

Tribunals, Not Deputy Commissioners, Have Jurisdiction

Justice Neelum clarified that:

• The case was not about ownership
• The real issue was whether deputy commissioners had legal authority
• Such powers are vested in special tribunals formed under the Act, not administrative officers

Orders Suspended, Full Bench to Hear Case

The LHC:

• Suspended enforcement of possession orders issued by dispute resolution committees
• Referred the matter to a full bench, which is yet to be constituted

Petitions were filed by Rana Saleem Latif, Muhammad Ali, and others affected in 10 districts.

Political Reactions and Legal Community Response

Government’s View

• On Dec 23, Punjab Chief Minister Maryam Nawaz Sharif criticized the court’s decision, stating it could benefit encroachers and land-grabbing mafias
• Punjab Law Minister Malik Sohaib Ahmad Bherth and Information Minister Azma Bukhari defended the law in the Punjab Assembly

Bar Councils Support LHC

• On Dec 24, bar councils across Pakistan endorsed the LHC’s ruling
• Pakistan Bar Council Vice Chairman Chaudhry Tahir Nasrullah Warraich stated the law:
  • Undermined the jurisdiction of patwaris
  • Unlawfully empowered assistant commissioners beyond their mandate