The Islamabad High Court (IHC) on Monday restrained the Capital Development Authority (CDA) from evicting apartment owners residing in the One Constitution Avenue complex, providing interim relief to a group of sub-lessee property owners challenging a previous court ruling.
According to a report by 24NewsHD TV, a division bench comprising Justice Muhammad Azam Khan and Justice Inam Amin Minhas heard a series of intra-court appeals filed by apartment owners, including former Air Chief Marshal Mujahid Anwar Khan, former International Cricket Council president Ehsan Mani and former Senate chairman Wasim Sajjad.
The appellants were represented by advocates Taimur Aslam and Ali Raza, while the CDA was represented by advocate Kashif Ali Malik. The appeals challenge Paragraph 30 of a single bench judgement, with the appellants arguing that it adversely affects the protection of third-party rights.
During the hearing, Justice Inam Amin Minhas asked the CDA’s counsel when an administrator had been appointed and whether the interests of apartment owners had been considered while the matter was pending before the Supreme Court. He observed that, according to the order being challenged, the apartment owners appeared to possess existing rights that required consideration.
Responding to the court, CDA counsel Kashif Ali Malik stated that the CDA chairman had been abroad and had returned only a day earlier. He informed the bench that a reply had nevertheless been submitted and maintained that the appeals were not maintainable.
Advocate Ali Raza told the court that the CDA had appointed an administrator on 12 March 2023. Advocate Sardar Taimur Aslam argued that a residents’ committee had been managing the building and that the authority should not have any objection to the current arrangement.
He added that a committee formed by the Prime Minister was also examining the matter and that its recommendations would be placed before the cabinet and subsequently the CDA board.
Counsel for the appellants further contended that the CDA had already acknowledged the rights of apartment owners and had collected lease-related charges amounting to 15% or 18% from them.
Justice Inam Amin Minhas questioned why individuals who had taken possession of apartments in the building had been recognised if their rights were now being disputed. He also inquired whether the building had ever received a completion certificate.
In response, CDA counsel admitted that a completion certificate had not yet been issued for the building. The statement drew a strong reaction from the bench. Justice Muhammad Azam Khan remarked that it was difficult to understand how residents had been allowed to occupy the building when no completion certificate had been granted.
After hearing arguments from both sides, the court ordered that apartment owners at One Constitution Avenue should not be evicted until further proceedings in the case.
Reporter: Ehtisham Kiani