The Islamabad High Court (IHC) has halted the eviction of apartment owners at One Constitution Avenue, providing major relief to sub-leaseholders.
A Division Bench of the court issued a stay order restraining the Capital Development Authority from taking any coercive action against the residents until further notice. The decision temporarily protects property holders from eviction proceedings while the case remains under review.
The intra-court appeals filed by the affected apartment owners were heard by a bench comprising Justice Muhammad Azam Khan and Justice Inam Amin Minhas.
The appellants include several prominent individuals, such as former President of the ICC Ehsan Mani, and former Chairman of the Senate Wasim Sajjad, along with other high-profile buyers.
The appellants have challenged a single-judge decision of the High Court, which they argue threatened their ownership rights and investments because of paragraph 30 of the judgment. Their lawyers, Taimur Aslam and Advocate Ali Raza, argued before the court that their clients are bona fide third-party purchasers who acquired the apartments in accordance with the law, and therefore, their rights must be protected.
The appellants have challenged a single-judge decision of the High Court, which they argue threatened their ownership rights and investments because of paragraph 30 of the judgment. Their lawyers, Taimur Aslam and Advocate Ali Raza, argued before the court that their clients are bona fide third-party purchasers who acquired the apartments in accordance with the law, and therefore, their rights must be protected.
During the hearing, CDA counsel Kashif Ali Malik Advocate submitted a detailed response on behalf of the authority. He informed the court that the CDA Chairman was recently abroad but has since returned, and that the authority promptly prepared and submitted its reply in compliance with the court’s directions. He further argued that the intra-court appeals are not legally maintainable.
An exchange also took place between the bench and the CDA counsel. Justice Inam Amin Minhas observed that the court would hear the case in detail later, but at this stage, it was only considering the plea for a stay order to provide immediate relief to citizens. In response, the CDA counsel maintained that the appeals were not maintainable in this forum.
The court noted that the matter had previously been under consideration before the Supreme Court of Pakistan, and questioned whether the rights of apartment owners had been examined at that stage. After hearing preliminary arguments from both sides, the court issued a stay order against eviction, served notices to the CDA, and adjourned further proceedings until a later date.
The decision has provided temporary relief to citizens who have invested significant amounts in One Constitution Avenue.
