The Islamabad High Court (IHC) on Monday restrained authorities from evicting apartment owners at One Constitution Avenue in Islamabad, directing that no action be taken until further orders in a case involving disputed property rights and lease cancellation.
A two-member bench of the IHC, comprising Justice Muhammad Azam Khan and Justice Inaam Ameen Minhas, heard intra-court appeals filed by sub-lease holders, including Ehsan Mani and Wasim Sajjad. The petitioners challenged parts of an earlier judgment related to the Capital Development Authority’s (CDA) decision to cancel the lease of the multi-storey residential complex.
During the proceedings, lawyers representing the appellants argued that the rights of bona fide apartment buyers were not properly protected in the earlier ruling. They maintained that residents had invested in good faith and should not be penalised for issues linked to the developer’s compliance with financial obligations.
The CDA’s counsel defended the earlier decision, stating that the developer had failed to meet financial conditions set by the Supreme Court, particularly the non-payment of a 2022 instalment. He further argued that the authority had acted within its legal mandate in cancelling the lease.
The court noted that sub-lessees claiming ownership rights would need to provide proper evidence and may have to pursue remedies before a competent forum. The bench also observed that such claims could not automatically be granted protection under Article 199 of the Constitution without supporting documentation.
Justice Minhas questioned whether the rights of apartment owners had been considered at earlier stages of litigation, while Justice Azam Khan asked whether the building had ever been issued a completion certificate. The CDA’s counsel confirmed that no completion certificate had been issued.
The court also heard arguments that a residents’ committee was currently managing the building, and that a government-formed committee under Prime Minister Shehbaz Sharif was reviewing the matter. Counsel stated that the committee’s recommendations would eventually require approval from the cabinet and CDA board.
After hearing initial arguments, the court restrained eviction proceedings and issued a status quo order until further notice, effectively pausing any forced removal of residents while the case continues.
