Lahore: Chief Justice of the Lahore High Court Justice Alia Neelam has warned that anyone facilitating land occupation after court orders will have to face serious consequences.
The remarks were made during the hearing of petitions challenging actions taken under the Property Ownership Act, which was presided over by the Chief Justice of the Lahore High Court. A citizen who had obtained possession under the Property Ownership Act also appeared before the court.
During the hearing, the court ordered the immediate return of possession to the affected party in a case where possession had been granted through a DRC committee. Justice Alia Neelam questioned the lawyer of the person who obtained possession, asking how he could defend an unlawful action. The lawyer admitted that committees formed under deputy commissioners had exceeded their authority, prompting the chief justice to direct that possession be returned before further proceedings.
Justice Alia Neelam observed that action should be initiated against committee members, noting that even the lawyer had acknowledged that deputy commissioners had overstepped their powers. She said that had the patwari performed his duties on time, the matter would not have arisen, adding that bypassing the system leads to such outcomes.
When the lawyer argued that people would have nowhere to go if justice was not provided through the system, the chief justice responded that emotional statements should not be made for media attention. She acknowledged delays in case decisions but emphasized that such realities were already well known to the court.
The petitioner informed the court that opponents were occupying 40 acres of property in Depalpur and that DRC committees had handed over possession within 27 days. The chief justice questioned who had the authority to pass such orders, remarking that issuing possession orders by committees amounted to misconduct.
The lawyer conceded that the deputy commissioners had made an incorrect decision, to which the chief justice responded that he himself was admitting that they lacked legal authority to take such action.
The lawyer requested that the deputy commissioner be directed to hear the matter and decide, but the chief justice said the deputy commissioner could not do so, as the authority to decide lay elsewhere. She clarified that the court was not determining property ownership but rather whether deputy commissioners had the authority to issue such decisions.
The petitioner’s lawyer further stated that after the ordinance was suspended, possession of one acre of property was granted in Gujranwala on December 24. The chief justice reiterated her warning that anyone enabling possession after court orders should be prepared for the consequences.
The Lahore High Court chief justice subsequently sought the complete record of the DRC committee and referred the petition to a full bench.
