IHC bars authorities from evicting One Constitution Avenue apartment owners

• Justices Azam, Inaam Ameen hear intra-court appeals.
• Petitioners challenged paragraph 30 of single-bench verdict.
• No completion certificate yet issued for building, IHC told.
  

The Islamabad High Court (IHC) on Monday restrained authorities from evicting apartment owners at One Constitution Avenue until further orders.

A two-member bench comprising Justice Muhammad Azam Khan and Justice Inaam Ameen Minhas heard intra-court appeals filed by sub-lease holders, including Mujahid Anwar Khan, Ehsan Mani and Wasim Sajjad.

Advocates Taimur Aslam and Ali Raza appeared on behalf of the appellants, while Advocate Kashif Ali Malik represented the Capital Development Authority (CDA).

The petitioners had challenged paragraph 30 of a single-bench verdict concerning the protection of third-party rights in the One Constitution Avenue case.

Last month, IHC Chief Justice Sardar Muhammad Sarfraz Dogar upheld the cancellation of the lease of the multi-storey building by the CDA.

In a detailed judgment issued on May 4 regarding the April 30 hearing, the IHC chief justice dismissed a set of petitions filed by the developer while disposing of the petitions submitted by investors.

The court ruled that the developer failed to comply with financial conditions set by the Supreme Court, particularly the non-payment of the 2022 instalment.

It also disposed of the petition filed by investors, observing that sub-lessees claiming to be bona fide purchasers could not be granted relief under Article 199, as such claims require evidence.

“They have to sink or sail with the petitioner,” the judgment stated, adding that investors may approach a court of competent jurisdiction.

“The sub-lessees also have the remedy against the petitioner/BNP which they may agitate before the court of competent jurisdiction,” the IHC said.

During today’s hearing, Justice Minhas observed that the court would examine the stay matter first before hearing the complete case, questioning whether the rights of apartment owners had been considered when the matter was previously before the Supreme Court.

According to the order the petitioners have challenged, their rights still exist, the judge remarked.

Justice Minhas inquired when the CDA had appointed an administrator for the building, to which Advocate Raza responded that the authority had done so on March 12, 2023.

Advocate Aslam argued that the CDA itself should not object to the arrangement, saying a residents’ committee had been managing the building.

He added that a committee formed by Prime Minister Shehbaz Sharif was also reviewing the matter, and its recommendations would later require cabinet and CDA board approval.

Counsel Raza maintained that the CDA had previously recognised the rights of apartment owners and had also collected 15% to 18% lease charges from them.

Justice Minhas questioned why the CDA had recognised people residing in the building, while Justice Khan asked whether the building had ever received a completion certificate.

The CDA counsel replied that no completion certificate had yet been issued for the building.