The Islamabad High Court (IHC) on Monday barred the Capital Development Authority (CDA) from evicting apartments at One Constitution Avenue until further orders.
A two-member bench comprising Justices Muhammad Azam Khan and Inaam Ameen Minhas issued the order after hearing intra-court appeals filed by sub-lease holders, including Mujahid Anwar Khan, Ehsan Mani and Wasim Sajjad.
In their submission, the petitioners had challenged paragraph 30 of a single-bench verdict concerning the protection of third-party rights in the One Constitution Avenue case.
That order, issued by IHC Chief Justice Sardar Muhammad Sarfraz Dogar last month, had upheld the cancellation of the lease of the multi-story building by the CDA. In a detailed judgment, the judge had dismissed petitions filed by the developer while disposing of the petitions submitted by investors. He had ruled that the developer failed to comply with financial conditions set by the Supreme Court, particularly the non-payment of a 2022 instalment for the building’s regularization.
The petition filed by investors, meanwhile, was disposed with the observation that sub-lessees claiming to be bona fide purchasers could not be granted relief under Article 199, as their claims required evidence. “They have to sink or sail with the petitioner,” read the judgment, adding 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 added.
In today’s hearing, Justice Minhas observed the court would examine the stay request first before hearing the case, questioning whether the rights of apartment owners were considered when the matter was previously before the Supreme Court. He remarked their rights still existed per the challenged order and inquired when the CDA appointed an administrator for the building.
According to the petitioners’ counsel, the authority had done so on March 12, 2023. He said the CDA should not have any issue to the arrangement, as a residents’ committee had been managing the building. He further noted a committee formed by Prime Minister Shehbaz Sharif was reviewing the matter, and its recommendations would later require cabinet and CDA board approval.
The petitioners further noted the CDA had previously recognized the rights of apartment owners and had collected 15-18% lease charges from them.
Justice Khan, meanwhile, questioned whether the building had ever received a completion certificate. To this, the CDA counsel replied no completion certificate had as yet been issued for the building.