Islamabad (HRNW)- The High Court has issued a major order regarding the eviction of apartment owners of One Constitution Avenue.
The Islamabad High Court, headed by Justice Muhammad Azam Khan and Justice Inam Amin Minhas, heard the intra-court appeals of the sub-leaseholder apartment owners of One Constitution Avenue.
These appeals were filed by former Air Chief Mujahid Anwar Khan, former ICC President Ehsan Mani and former Senate Chairman Wasim Sajjad, among others, in which the appellants have challenged paragraph 30 of the single bench for the protection of third party rights.
Taimur Aslam and Ali Raza Advocate appeared on behalf of the appellants, while Kashif Ali Malik Advocate appeared on behalf of the CDA.
During the hearing, the CDA lawyer took the position that the Chairman CDA was abroad and returned only yesterday. Despite this, I have submitted a reply in this regard.
Justice Inam Amin Minhas said that we will hear the full case later, we have to see their application for a stay today, to which the CDA lawyer said that our position is that these appeals are not admissible.
Justice Inam Amin Minhas inquired whether the case of these apartment owners was considered when this matter was in the Supreme Court? Their right exists according to the order they have challenged.
Lawyer Kashif Malik said that the full decision of the single bench will have to be read along with this paragraph. On this occasion, the paragraph of the decision related to the apartment owners was read on the instructions of the court.
Justice Inam Amin Minhas asked the lawyer when did you appoint the administrator? To which the appellants’ lawyer Ali Raza said that the CDA had appointed the administrator on March 12, 2023.
Lawyer Sardar Taimur Aslam took the position that the CDA had sought time till today for the instructions of the CDA Board. According to him, the Chairman CDAP was abroad, the issue of the board meeting is a later one. A residence committee was formed which was running the building. Our only request is that the CDA should not be a problem.
According to the lawyer, the Prime Minister has also formed a committee, their recommendations have to come, approval has to be obtained from the cabinet. Then the matter has to go to the CDA board. Do they want them to take possession during the days of Eid?
Lawyer Ali Raza took the position that the CDA has already recognized the rights of the CDA owners. The CDA has also received 15 or 18 percent of the lease amount.
Justice Inam Amin Minhas asked why did you recognize the people who entered this building? Similarly, Justice Azam Khan inquired whether the certificate of completion of this building had been received?
The CDA lawyer replied that the certificate of completion of this building has not been received yet.
Justice Azam Khan remarked that was the CDA sleeping when the completion certificate was not even received and the residents started living there? Justice Inam Amin Minhas said that if the BNP does not appeal against the decision of the single bench, will they have no rights?
CDA lawyer Kashif Malik maintained that it is a matter of law, their appeals are not admissible.
Later, the Islamabad High Court, while deciding to stop the eviction of the One Constitution Avenue apartment owners, ordered that the apartment owners should not be evicted until the second judgment.
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