The Islamabad High Court (IHC) issued a major order on Monday, restraining authorities from evicting sub-lease holders of apartments at One Constitution Avenue. The interim relief comes as legal proceedings continue in the long-running dispute involving the Capital Development Authority (CDA), the developer, and apartment buyers.
A division bench comprising Justice Muhammad Azam Khan and Justice Inaam Ameen Minhas heard intra-court appeals filed by several prominent figures, including former air chief Mujahid Anwar Khan and other residents of the luxury apartment complex.
Court Hears Appeals on Third-Party Rights
During the hearing, the bench focused on paragraph 30 of an earlier single bench decision that addressed the protection of third-party rights in the disputed project. The appellants challenged the previous ruling, which had dismissed petitions filed against the cancellation of the lease.
The residents argued that they were bona fide buyers who purchased apartments after the CDA had approved building plans and issued the required No Objection Certificate (NOC). They maintained that the dispute primarily concerns the CDA and the developer and should not negatively affect genuine purchasers.
CDA Opposes Stay, Court Seeks Clarification
Counsel representing the CDA argued before the court that the intra-court appeals were not maintainable. However, the division bench decided to hear the matter in detail at a later stage while also considering the request for interim relief.
During the proceedings, the judges questioned how residents had moved into the apartments without the issuance of a completion certificate. Justice Muhammad Azam Khan remarked that the CDA appeared inactive at the time when people started occupying the residential units.
After hearing arguments, the bench ruled that no eviction would take place until further orders, providing temporary relief to apartment owners facing uncertainty over their properties.
Background of the Long-Running Dispute
The One Constitution Avenue project spans approximately 13.5 acres and was originally auctioned to BNP Group in 2005. The development has remained embroiled in legal and financial disputes for years, including issues related to lease conditions and outstanding payments.
The CDA cancelled the project’s lease in 2016, citing multiple violations. The matter later reached the Supreme Court, which restored the lease subject to payment conditions. However, reports suggest that only a fraction of the required amount has been paid so far.
Last month, the Islamabad High Court had ruled that apartment buyers did not possess ownership rights following the termination of the lease. The latest order now offers temporary respite to residents while the broader legal dispute continues.