The transition from the 2025 Ordinance to the 2026 Amendment represents a switch from an administrative-led system (which was legally challenged) to a judicial-led system designed to survive constitutional scrutiny.
The following summarizes the key changes made to ensure the law provides “fast-track” justice while respecting the separation of powers between the executive and the judiciary.
|
Feature |
2025 Ordinance (Original) |
2026 Amendment (Current) |
|
Primary Authority |
Dispute Resolution Committees (DRCs) led by Deputy Commissioners (DCs). |
Judicial Tribunals led by serving Additional Session Judges. |
|
Composition of Forum |
Primarily administrative: DC, DPO, and Assistant Commissioners. |
Judicial-led: Serving judges supported by a technical Scrutiny Committee. |
|
Judicial Oversight |
Appeared to bypass civil courts; decisions were made by executive officers. |
Decisions are made by Judicial Officers nominated by the High Court, ensuring due process. |
|
Timeline for Decision |
90 days for DRC + 90 days for Tribunal (Total: 180 days). |
60-90 Days Total: (3 days to refer, 30 days for scrutiny, 30 days for final verdict). |
|
Legal Standing |
Suspended by Lahore High Court (LHC) due to “parallel judicial system” concerns. |
Refined to align with LHC observations, giving judicial officers the final say. |
|
Role of Local Admin |
Held decision-making power over title and possession. |
Restricted to the Scrutiny Committee (fact-finding and investigative reporting only). |
|
Penalty for Malice |
Fine of 25% of property value for false complaints. |
Up to 5 years imprisonment and a fixed fine of PKR 500,000 for false claims. |
|
Electronic Integration |
Basic mention of digital records. |
Mandatory E-Registration and electronic summons for transparency. |
The 2025 Ordinance was heavily criticized by the Bar Councils and the Lahore High Court for granting “judicial powers” to Deputy Commissioners (the executive branch).
The 2026 Amendment corrected this by:
Ensuring Separation of Powers: Judges now hold the gavel, not the DC.
Shortening the Window: The timeline was compressed to provide even faster relief than the original 90-day proposal.
Technical Support: The DC-led committee still exists but only as a “Scrutiny Committee” to assist the judge with land records and police verification, rather than acting as a judge themselves.
