IHC Stay Order: One Constitution Avenue Apartment Owners Protected From Eviction

Islamabad – (Web Desk) – The Islamabad High Court (IHC) has issued a stay order on One Constitution Avenue evictions, stopping authorities from removing apartment owners until further notice. This brings temporary relief to hundreds of families living in the building.

A two-member bench — Justice Muhammad Azam Khan and Justice Inaam Ameen Minhas — heard appeals from sub-lease holders. Notable appellants include former PCB chairman Ehsan Mani, former air chief Mujahid Anwar Khan, and senior lawyer Wasim Sajjad.

The apartment owners challenged a specific part of an earlier single-bench ruling that dealt with the protection of third-party rights. Their lawyers argued that the CDA had already recognised residents by collecting lease charges of 15% to 18% from them.

Last month, IHC Chief Justice Sardar Muhammad Sarfraz Dogar upheld the CDA’s decision to cancel the lease of the building. The court found that the developer, BNP Pvt Ltd, failed to pay the 2022 instalment set by the Supreme Court.

The earlier ruling stated that sub-lessees — people who bought apartments — could not claim relief under Article 199 without proper evidence. The court had said investors could take their case to another court and also sue the developer directly.

During Monday’s hearing, Justice Minhas raised important questions. He asked whether the rights of apartment owners were considered when the case was before the Supreme Court. He also questioned why the CDA recognised residents living in the building.

Justice Khan asked a key question — whether the building had ever received a completion certificate. The CDA’s lawyer confirmed that no completion certificate has been issued for One Constitution Avenue to this day.

The court also heard that a committee formed by Prime Minister Shehbaz Sharif is currently reviewing the matter. Any recommendations from this committee will require approval from both the cabinet and the CDA board before taking effect.

The CDA had appointed an administrator for the building on March 12, 2023. However, residents’ lawyers argued that a residents’ committee had been smoothly managing the building and the CDA should not object to that arrangement continuing.

The case will now move forward with the court first deciding on the stay matter before hearing the full appeal. Until then, no eviction action can be taken against the apartment owners.