ISLAMABAD (APP) - 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.”
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 Muhammad Azam 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.