A three-member bench, headed by Chief Justice Mian Saqib Nisar, was hearing a case pertaining to the functioning of Patwarkhanas in urban areas. The Chief Justice had taken a suo motu notice on tampering with record and corruption at patwarkhanas.
The CJP said land transfers have been restricted in Lahore, adding if transfer of land is halted then role of a person who makes money would automatically be eliminated. The additional advocate general Punjab informed the court that land is transferred verbally in rural areas. The Chief Justice said they are considering stopping verbal land transfers.
The court ruled that transfers of land will only be made under the Transfer of Land Act and Registration Act. Similarly, the court held that the transfer of land property will also be made as per the Land Revenue law.
The court abolished the role of Pawtar system in areas where the land revenue law is enforceable with the ruling that Patwarkhanas established in urban areas of the country will be helpful in providing land revenue record.
At the outset of hearing, law officer representing the Punjab government submitted before the court that in rural areas, transfer of land takes place orally. The Chief Justice observed that it is ironic that land revenue records have not yet been made computerised.
The Chief Justice said he had already delivered a judgement on this issue. An official of the Punjab Revenue Department told the court that the land is transferred on the basis of Khasra number.
The Chief Justice questioned under which law the Patwar Circle functions in Punjab when the Punjab Land Revenue Authority has already been established. He asked from the official "What are 'Khata' and 'Khatoni?'"
Advocate General of Punjab Ahmad Owais informed the court that the issue persists not only in Punjab but also in other provinces. The Chief Justice said, "We will have to listen to the views of other provinces as well before delivering any judgement."
The CJP had regretted that they (Pawaris) were committing fraud with innocent people. The Punjab Land Record Authority (PLRA), established to eradicate exploitation through forgery, fraud and manipulation, besides bringing an end to the influence of "patwaris" in the province, has been continuously taking steps to keep a check on corruption and inefficiency of the officials. Even then the corruption on part of Pawaris continues unabated. The Patwaris are so powerful that they have defeated the PLRA system to perform effectively.