Lahore: Lahore High Court (LHC) has sent to full bench more 18 petitions against the proceedings under Punjab Property Ownership Act (PPOA) besides issuing stay order while summoning complete record of proceedings of committees.
The petitions have been referred to full court following the removal of objections.
Chief Justice (CJ) LHC Aalia Neelum took up for hearing petitions filed by Abu Bakar and others.
Shahid Rana advocate and other counsels appeared on behalf of the petitioners.
During the hearing of the petitions CJ LHC Aalia Neelum remarked tribunals were to be set up under act which hold powers in regard to possession. However the notification of tribunals was issued after two and half months.
CJ LHC raised question the committee kept on giving possession under what law during it.
During the hearing of the case CJ LHC inquired from Assistant Advocate General (AAG) Waqas Omar if the matter is pending hearing in civil court , the Deputy Commissioner (DC) will file application in the respective court as per this act and court will be bound to transfer the case to tribunal. Is this clause being implemented.
The CJ LHC further remarked how the possessions are being given verbally without written orders. If court says some thing without order then will it be accepted.
She questioned have tribunals started functioning. While there is neither any staff nor is it clear tribunals will sit where. Is it not transgression of the powers.
The court identified it is not written anywhere in the law that the companies will hand over possession.
As per act the order for possession can be given after completion of proceedings of tribunal.
The CJ LHC inquired when committee asks PERA and PERA hands over possession then it is done under what law.
The counsel for the petitioner told the court DC Sheikhupura ordered verbally for possession.
The CJ LHC remarked there are grave allegations in all petitions. Court is seeing every case so that it could become clear what was the law and what is happening practically.
During the hearing of the case it was told in another petition Deputy Commissioner handed over the possession despite the case being pending in high court.
The CJ LHC remarked it is defiance of high court orders.
The state counsel took the plea rules have yet to come.
The CJ LHC remarked over it how can the proceedings be initiated without rules. When DC does not issue written order then how aggrieved party will challenge it.
The court maintained the law is not incomplete. The court while seeking record of all the proceedings of the companies sent all cases to full bench.