Property protection law: LHC CJ warns of strict action over land possession after court orders – Pakistan Observer

Property protection law: LHC CJ warns of strict action over land possession after court orders – Pakistan Observer

LAHORE – Lahore High Court (LHC) Chief Justice Justice Aalia Neelum on Friday issued a stern warning, observing that anyone facilitating or enforcing land possession after judicial orders would have to face serious consequences.

The remarks were made during the hearing of petitions challenging actions taken under the Property Ownership Act. The chief justice personally heard the case.

During the proceedings, a citizen who had obtained possession of land under the Act also appeared before the court. The LHC ordered the immediate restoration of possession, and directed that it be returned without delay.

Justice Aalia Neelum questioned the counsel representing the party that had obtained possession, asking how an unlawful act could be defended. The lawyer conceded that committees formed by deputy commissioners (DCs) had exceeded their legal authority. The chief justice responded that possession must first be returned, after which the matter could be taken further.

The chief justice observed that action should be initiated against members of such committees, noting that even the counsel had admitted that DCs acted beyond their mandate. She remarked that had the patwari performed duties in a timely manner, the dispute would not have arisen, adding that bypassing the legal system inevitably leads to such unlawful situations.

When the lawyer argued that people are forced to seek alternative remedies if they do not get justice through the system, Justice Aalia Neelum cautioned against making rhetorical statements for media attention. She said the court was fully aware of the backlog of cases and advised counsel to avoid emotional arguments.

The petitioner informed the court that opponents were occupying 40 acres of land in Depalpur and that Dispute Resolution Committee (DRC) proceedings resulted in possession being handed over within 27 days.

The chief justice questioned who was legally empowered to issue such orders, observing that possession orders passed by committees amounted to misconduct. The lawyer again acknowledged that DCs had made an incorrect decision and lacked legal authority to issue such orders.

The petitioner’s counsel further told the court that even after the ordinance was suspended, possession of one acre of land was handed over in Gujranwala on December 24. Justice Aalia Neelum observed that anyone facilitating land possession after court orders should be prepared to face the consequences.

The court sought the complete record of the DRC committees and referred the matter to a full bench for further proceedings.

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