Islamabad: High Court Stops Authorities From Removing Residents for Now
The Islamabad High Court (IHC) has restrained authorities from evicting apartment owners of One Constitution Avenue until further orders. The court issued the interim relief during hearings on Monday.
According to Beyond Time News, the decision came during proceedings on intra-court appeals filed by sub-lease holders of the multi-storey residential complex.
A two-member bench, consisting of Justice Muhammad Azam Khan and Justice Inaam Ameen Minhas, heard the case.
Petitioners Challenge Earlier Verdict
The petitioners, including Mujahid Anwar Khan, Ehsan Mani, and Wasim Sajjad, challenged paragraph 30 of a previous single-bench judgment.
They argued that the earlier ruling did not properly protect the rights of third-party buyers and apartment owners.
Advocates Taimur Aslam and Ali Raza appeared for the appellants. Advocate Kashif Ali Malik represented the Capital Development Authority (CDA).
Earlier Court Ruling and Lease Cancellation
Last month, IHC Chief Justice Sardar Muhammad Sarfraz Dogar upheld the CDA’s decision to cancel the lease of One Constitution Avenue.
The detailed judgment, issued on May 4 after hearings on April 30, dismissed petitions filed by the developer.
The court found that the developer failed to meet financial obligations set by the Supreme Court. This included non-payment of a 2022 installment.
The court also rejected relief claims by investors. It ruled that sub-lessees could not seek protection under Article 199 without proper evidence.
The judgment stated that investors and developers must face consequences together. It also advised sub-lessees to approach a competent court for further remedies.
Key Arguments in Latest Hearing
During the latest hearing, Justice Minhas said the court would first decide the stay application before moving to the full case.
He questioned whether the rights of apartment owners were considered during earlier Supreme Court proceedings.
The judge noted that, based on the challenged order, the rights of the petitioners still exist.
He also asked when the Capital Development Authority appointed an administrator for the building.
Advocate Ali Raza informed the court that the CDA appointed the administrator on March 12, 2023.
Lawyers Present Their Positions
Advocate Taimur Aslam argued that CDA should not oppose the current arrangement.
He said a residents’ committee has been managing the building’s affairs.
He also informed the court that a committee formed by Prime Minister Shehbaz Sharif is reviewing the matter. Its recommendations will require approval from the cabinet and CDA board.
Counsel Ali Raza stated that CDA had previously acknowledged the rights of apartment owners. He added that the authority also collected 15% to 18% lease charges from them.
Questions Raised Over Legal Status of Building
Justice Minhas questioned why CDA recognized occupants of the building if their legal status remained unclear.
Justice Azam Khan also asked whether the building had ever received a completion certificate.
The CDA counsel confirmed that no completion certificate has been issued so far.
Read more:No Court appearances: IHC Bar announces strike on Jan 26 over Police conduct
Case to Continue
The court has maintained the stay order and will continue hearing the case in upcoming proceedings.
The matter remains under judicial review as the court examines both ownership rights and regulatory compliance issues.
FAQs
What did the Islamabad High Court decide?
The court stopped authorities from evicting apartment owners of One Constitution Avenue for now.
Why is the case being heard again?
Petitioners challenged a previous judgment that they believe did not protect apartment owners’ rights.
What is the main issue in the case?
The dispute involves lease cancellation, ownership rights, and the legal status of sub-lease holders.
Has the CDA issued a completion certificate?
No. The CDA confirmed that the building does not yet have a completion certificate.
What happens next?
The court will continue hearing intra-court appeals and review all legal and financial aspects of the case.
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