2026 PLP 529 (YLR)

C.M. No. 990 of 2025 Jawad Hassan, J.

This application has been filed by the Petitioners for passing of an appropriate order in the titled writ petition for expeditious conclusion of the mediation process.

2. Sardar Muhammad Ghazi, Sr. ASC stated that the Petitioners filed the main writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (the "Constitution") for seeking a direction to the Respondents to resolve all the disputes regarding their acquired land, including the issue of market price, through an amicable settlement as per the principles already developed by superior Courts of the country on the mediation approach from time to time in the cases already mentioned in previous orders dated 21.10.2024 and 10.04.2025, because their valuable property rights, as guaranteed under Articles 23 and 24 of the Constitution, were involved. He further submitted that since the Petitioners and other land owners had been facing the agony of protracted litigation spread over many years and there was no immediate prospect of equitable resolution of issue of market price in the near future, therefore, request was made for amicable resolution of the matter through the mediation process. He maintained that pursuant to the said mediation process and issuance of various direction by this Court, from time to time, in this petition as well as some other identical matters, now one of the land owners, namely, Chaudhary Riaz Ahmed showed his concurrence to resolve the matter of price/compensation throughout of the Court settlement subject to withdrawal of the titled writ petition as per provisions of the Alternative Dispute Resolution Act, 2017 read with the principles settled by the Supreme Court of Pakistan in the case of Messrs Mughals Pakistan (Pvt.) Limited v. Employees Old Age Benefits Institution through Director Law, Lahore and others (PLD 2025 SC 1) in which the efforts made by the High Courts about the mandatory mediation have been highly appreciated and in this regard, he has also written letter dated 27.06.2025 to Army Air Defence Command, Westridge (Headquarter), Rawalpindi.

3. At this juncture, Sardar Muhammad Ghazi, Sr. ASC has referred to another latest view rendered by the Supreme Court of Pakistan in C.P.L.A. No.3519 of 2021 titled "Muhammad Naseer Butt v. Additional District Judge, Lahore, etc." through judgment dated 06.05.2025 regarding the mediation, its importance as well as benefits and the role/responsibilities of the Judges and Advocates towards such mediation by highlighting the aspect of statutory recognition and legislative frameworks provided by the Alternative Dispute Resolution Act, 2017 (the "Act"). He has specifically drawn attention of the Court towards relevant paragraphs Nos.5, 6, 7 and 8 of the said judgment, which are reproduced hereunder for ready reference: "

5. Mediation is not merely an alternative to litigation, it is a paradigm shift in dispute resolution, built on the principles of collaboration, confidentiality, and party autonomy. It offers non-adversarial framework that empowers parties to shape the outcome of their own disputes, guided by a neutral facilitator rather than a judicial determination.

6. The benefits of mediation are manifold. It reduces the costs associated with protracted legal battles, alleviates the burden on courts, and ensures quicker resolution of disputes. The confidential nature of mediation protects the privacy of the parties, and its informal setting encourages honest communication and problem-solving. Moreover, the flexibility of the process allows parties to explore creative, interest-based solutions that a court of law may not be empowered to grant. These benefits were remarkably evident in the present case. What years of litigation could not resolve, mediation achieved within weeks. This reinforces the principle that the earlier a dispute is channeled through mediation, the greater the potential for cost and time savings, reduced emotional strain, and restored relationships.

7. Courts must embrace a pro-mediation ethos, particularly at the initial stages of litigation. Judges and lawyers must be sensitized to identify cases fit for mediation and facilitate their referral in a timely manner. Litigants, likewise, should be encouraged to consider mediation and other methods of alternative dispute resolution as a first resort, rather than a last recourse.

8. The statutory recognition and legislative frameworks provided by the Alternative Dispute Resolution Act, 2017, and subsequent provincial legislations underline mediation's established legal validity. Recent judicial directions and rules, such as the ADR Mediation Accreditation (Eligibility) Rules, 2023 and Mediation Practice Direction (Civil) Rules, 2023, further consolidate mediation as a mainstream dispute resolution tool within Pakistan's judicial ecosystem." Sardar Muhammad Ghazi, Sr. ASC next submits that the Petitioners will also not press the main case if an appropriate order/direction be issued by this Court with regard to date, time and venue of the Committee proceedings to discuss and resolve all the issues as early as possible.

4. In view of the above, the main writ petition is treated to be dismissed as withdrawn. However, the relevant authorities/Respondents are directed to expedite proceedings with regard to the mediation process by convening consecutive meetings of the concerned Committee at the (appropriate) date, time and place of their own choice, however, the entire exercise in respect thereof will be completed strictly as per law after associating all concerned within three months from the date of receipt of certified copy of this order. C.M stands disposed of. C.M. No. 991 of 2025

5. Dispensation sought for is allowed subject to all just and legal exceptions. C.M. stands disposed of. MQ/G-12/L Order accordingly.