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FCC Introduces Guidelines to Resolve Long-Standing Land Disputes

FCC Introduces Guidelines to Resolve Long-Standing Land Disputes

The Federal Constitutional Court (FCC) has issued new guiding principles aimed at expediting land consolidation cases and preventing prolonged property disputes, directing revenue authorities, particularly the Punjab Board of Revenue, to resolve pending matters within a reasonable timeframe.

The decision was announced during the hearing of a civil petition filed by Khaliqus Zaman, involving land consolidation proceedings that began in 1979 and remained unresolved for more than four decades. A two-member bench, headed by Chief Justice Aminuddin Khan and comprising Justice Ali Baqar Najafi, set aside a September 26, 2024, order of the Lahore High Court's Rawalpindi Bench, which had referred the matter back to the revenue department.

Chief Justice Aminuddin Khan observed that land consolidation proceedings must be completed promptly within the period prescribed by law or within a reasonable timeframe. He emphasised that unnecessary delays undermine the purpose of consolidation, which is to reorganise landholdings and provide property owners with certainty regarding ownership and possession.

The court highlighted that prolonged administrative and judicial proceedings create financial difficulties for landowners, leave property rights uncertain and force affected parties into repeated litigation. It further stressed that the constitutional protection of property rights under Article 23 must not be undermined by unnecessary official delays.

The FCC also observed that the high court should have decided the matter on its merits after reviewing the available documents rather than referring it back to the revenue authorities. It ruled that reopening matters already decided and implemented by the relevant authorities through repeated remands was not legally sustainable.

Under the newly issued guidelines, revenue authorities must avoid unnecessary adjournments and administrative delays. Officials are required to document valid reasons for unavoidable delays, ensure fair hearings for all affected parties and issue decisions supported by clear reasoning and official records. Final orders cannot be reopened unless expressly permitted by law, while court directions must be implemented without unnecessary delay.

The court also directed that repeated remands should be discouraged and assigned the senior member of the Punjab Board of Revenue responsibility for monitoring long-pending cases and ensuring accountability for unjustified delays.

The guidelines are intended to improve the handling of land consolidation disputes, strengthen administrative accountability and provide relief to property owners facing prolonged uncertainty over their land rights.