ISLAMABAD: Twenty individuals have filed an intra-court appeal in Islamabad High Court (IHC), stating they are lawful sub-lessees and occupants of apartments in One Constitution Avenue.
The appeal requests paragraph 30 of court judgment, which relates to third-party rights and upheld legality of Capital Development Authority (CDA) decision to terminate project’s 99-year lease granted in 2005, be declared void.
The appellants, including former Air Chief Mujahid Anwar Khan and former ICC President Ehsan Mani, challenged April 30 judgment issued by Chief Justice Sardar Muhammad Sarfraz Dogar of IHC. They argued paragraph 30 of single bench’s ruling adversely affects their rights, despite their recognised ownership and possession rights over apartments.
According to the appeal, CDA leased a 13.5-kanal plot in 2005 for 99 years for construction of commercial and residential buildings, including a hotel. Residential Towers B and C were constructed in accordance with approved layout plan.
The Supreme Court of Pakistan, in its January 9, 2019 order, had distinguished the land of these towers from other undeveloped land.
The lease payments for Towers B and C had already been made, and the towers cannot be confiscated by government due to any default by BNP. Following Supreme Court directives, when the company defaulted on payments, CDA cancelled the lease in 2023 and appointed Director Estate of CDA as administrator while forming a committee comprising residents.
The appeal states after cancelling the lease, CDA itself took over management of the towers and acknowledged status of the sub-lessees. A joint committee with residents was established to oversee administration and daily affairs of the two residential towers.
Even after the lease cancellation, the appellants have continued residing in the apartments under the supervision of CDA-appointed committee.
The appellants requested the court to declare their rights under sub-lease lawful and effective, restrain CDA from interfering in their possession of apartments, and strike down paragraph 30 of single bench judgment.
