IHC restrains eviction of One Constitution Avenue apartment owners
The Islamabad High Court (IHC) on Monday issued a significant order restraining authorities from evicting the sub-lease holder apartment owners of One Constitution Avenue until further notice.
A division bench comprising Justice Muhammad Azam Khan and Justice Inaam Ameen Minhas heard intra-court appeals filed by former air chief Mujahid Anwar Khan, former ICC president Ahsan Mani, former Senate chairman Wasim Sajjad, and others. The appellants have challenged paragraph 30 of the single bench decision concerning the protection of third-party rights.
Advocates Taimur Aslam and Ali Raza appeared on behalf of the appellants, while Kashif Ali Malik represented the Capital Development Authority (CDA).
During the proceedings, the CDA counsel argued that the appeals were not maintainable. Justice Inaam Ameen Minhas remarked, “We will hear the full case later; today we are only considering their request for a stay.”
Read More: PM constitutes high-level committee over One Constitution Avenue dispute, stays official action
The court inquired whether the apartment owners’ case had been considered when the matter was before the Supreme Court. The bench also questioned how residents began living in the building without a completion certificate.
Justice Khan remarked, “Was the CDA sleeping when there was no completion certificate but residents had already started living there?”
The CDA counsel informed the court that the building had still not received its completion certificate.
The court subsequently ruled that no eviction of apartment owners shall take place until further orders.
The case centres on the CDA’s cancellation of the project’s lease. Last month, IHC dismissed the petition against the lease cancellation and disposed of related applications filed by apartment owners.
Residents argued that the CDA had approved the building plan and issued a no-objection certificate (NOC), after which apartments were purchased. They maintained the dispute was between the CDA and the developer and should be resolved between the concerned parties.
Also Read: CDA put on notice in One Constitution Avenue case
In its detailed verdict, the court ruled that the buyers lack ownership rights.
The court stated that the buyers lacked ownership rights, as the project’s lease had been terminated and the proper legal processes had not been followed regarding the transfer of ownership.
The project originally stems from a 13.5-acre plot awarded to BNP Group following an auction on March 9, 2005, for Rs4.88 billion. Although possession was handed over the same year after an initial payment of Rs800 million, BNP has so far paid Rs1.02b, while the remaining Rs3.85b is recoverable in instalments until 2026.
In July 2016, the CDA cancelled the lease, citing multiple violations. The decision was upheld by the IHC in 2017, which also declared the conversion of a planned five-star hotel into luxury apartments illegal. However, the Supreme Court set aside that judgment in early 2019, directing the developer to pay Rs17.5b in instalments over eight years.
The CDA argued that BNP failed to meet its financial obligations after 21 years, maintaining that full ownership was conditional upon 100% payment of the land cost. Of the total Rs17.5b liability, only Rs2.9b — around 16.6% — has reportedly been paid.Read More
