ISLAMABAD: The Islamabad High Court will hear the intra-court appeals of apartment owners of One Constitution Avenue on Tuesday (today).
The Bank of Punjab and several apartment owners, as third parties, have challenged the single bench decision that cancelled the lease of One Constitution Avenue. The Bank of Punjab has filed an intra-court appeal against the judgment, although the Registrar’s Office has raised objections to its petition.
Meanwhile, the intra-court appeal filed by 19 apartment owners will be heard by the division bench. The apartment owners have partially challenged the court’s April 30 ruling, specifically seeking amendment or annulment of the observation contained in paragraph 37 relating to third-party rights.
In their appeal, the apartment owners have requested the court to restrain the Islamabad administration and police from taking any action against them. They have also sought directions preventing the Capital Development Authority (CDA) from evicting or harassing them, disconnecting electricity and gas supplies, or forcing residents to vacate the premises.
The appellants further requested that no eviction action be taken until an acceptable solution is reached and that they be included in the consultative process for resolving the matter.
The appeal also asks the court to direct the CDA to hear the apartment owners during any settlement or grievance redress process. The CDA and BNP Company have been made parties to the intra-court appeal.
A division bench comprising Justice Muhammad Azam Khan and Justice Inam Amin Minhas will hear the petition filed by the apartment owners. In its separate appeal, the Bank of Punjab has argued that the single bench decision is contrary to the facts and should therefore be declared illegal. The bank stated that it had acquired 25,420 square feet of space on three floors through a sublease for the establishment of a branch at One Constitution Avenue.
