More petitions filed in IHC against leases cancellation of One Constitutional Avenue

More residents of the One Constitution Avenue project have filed intra-court appeals against the cancellation of leases linked to the high-profile residential apartments in Islamabad on Friday.

According to the 24NewsHD TV channel, the latest appeal was filed by Ehsan Mani, Nasim Zehra and Maira Faisal against the decision delivered by a single bench of the Islamabad High Court (IHC).

In their petition, the appellants argued that they are lawful sub-lessees and legal occupants of apartments in the One Constitution Avenue project.

They maintained that the Supreme Court (SC), in its order issued on 9 January 2019, had treated the land occupied by the completed towers separately from other undeveloped land associated with the project.

The intra-court appeal stated that lease payments for the construction of Towers B and C had already been made and, therefore, the towers could not be confiscated by the state as compensation for any alleged default by BNP.

The appellants further argued that after cancelling the lease, the Capital Development Authority (CDA) had itself taken over management of the towers and recognised the status of the sub-lessees.

The petitioners requested the court to strike down paragraph 30 of the single-bench judgement, arguing that it was inconsistent with the Supreme Court’s earlier directives.

They also asked the court to recognise their leaseholder rights and restrain the CDA from interfering in their lawful possession of the apartments.

It is pertinent to mention that on 13 May 2026, the Islamabad High Court issued a written order for hearing the intra-court appeal filed by apartment owners against the single-bench decision delivered on 30 April 2026.

According to the written order reported by the 24NewsHD TV channel, the court has issued notices to the Capital Development Authority (CDA) and sought its response. The court also issued a notice for a short date on the miscellaneous application seeking an injunction.

The two-page order was issued by Justice Muhammad Azam Khan and Justice Inam Amin Minhas. The appellants challenged only paragraph number 30 of the earlier judgement.

According to the counsel for the appellants, the Supreme Court had directed authorities to devise a fair procedure to safeguard the interests of third parties. The petitioners argued that despite acknowledgement of employment, allotment and investment, the CDA initiated actions without adopting a legal procedure.

The counsel contended that the CDA’s actions were in violation of Articles 4, 23 and 24 of the Constitution. The lawyer also informed the court that disciplinary action against the affected residents had been restrained under the Cabinet Division’s notification dated May 1, 2026.

The apartment owners had filed the intra-court appeal against the earlier decision of the single bench, after which the Islamabad High Court issued notices to the CDA and sought its response.

Reporter: Ehtisham Kiani