ISLAMABAD: The Islamabad High Court (IHC) on Monday issued notice to the Capital Development Authority (CDA) and sought its response on an intra court appeal filed by 20 sub lease holders of One Constitution Avenue apartments.
A division bench comprising Justice Muhammad Azam Khan and Justice Raja Inaam Ameen Minhas heard the intra-court appeals filed by 20 individuals including Ehsan Mani, former Air Chief Mujahid Anwar Khan, and others. The bench observed that it was issuing notice and would summon the CDA on Wednesday, directing the appellants counsel to come prepared as well.
The appellants counsel Ali Raza requested the court to provide protection to the apartment owners, noting that a committee had also been constituted by the prime minister.
He asked the court to issue an order regarding the protection of apartment owners, arguing that if the committee says on May 26, that nothing further can be done, the next day being Eid, authorities would come to evict them.
Justice Raja Inaam Ameen Minhas remarked that the appellants essentially wanted to spend Eid peacefully.
The counsel responded that they sought protection for apartment owners who had paid their dues. He said the 200 people residing there had paid their money and had a right.
He added that the committee formed and the matter was being looked into by the prime minister.
The counsel argued that the rights of the appellants had been affected by paragraph 30 of the single bench decision.
He stated that the appellants rights along with possession of their apartments were recognised.
Residential Towers B and C were constructed according to the approved layout plan.
When the lease was cancelled in 2023, the CDA appointed the Director Estate as administrator.
A committee was formed together with residents to manage the administration and daily affairs of both residential towers.
The appellants have been residing after the lease cancellation.
The counsel maintained that the appellants have legal rights under which they continue to reside even after the lease cancellation.
He requested the court to declare the rights of the appellants obtained through sub leases as legal and effective, restrain the CDA from interfering in the peaceful possession of the apartments by the appellants, and nullify paragraph 30 of the single bench judgment. The court issued notice to the CDA and sought a response by Wednesday. Further proceedings will be heard on the said date.
