The Islamabad High Court (IHC) on Monday issued an order preventing authorities from evicting the owners of apartments in the One Constitution Avenue project. This directive came during the hearing of intra-court appeals filed by sub-lessees of the development.
While the court reserved the full hearing of the case for a later date, it granted interim relief by approving a stay order on the eviction process. The bench emphasized that, for now, the plea would be considered only to the extent of the stay request.
During the proceedings, the court questioned whether the issue concerning the apartment owners had been addressed in previous hearings before the Supreme Court. Following the court’s instruction, the Capital Development Authority (CDA) counsel read out a pertinent paragraph from the earlier judgment related to the apartment owners.
The court further inquired why the individuals who had taken possession of the building were not formally recognized. Additionally, it sought clarification on whether a completion certificate had been issued for the project. The CDA’s lawyer disclosed that no such certificate had been granted to date.
Justice Azam Khan of the IHC remarked that the residents’ occupation of the building without a completion certificate raised serious concerns regarding the regulator’s oversight. He questioned whether the CDA had been negligent in allowing residents to move in without the necessary approvals.
The appellants’ counsel informed the court that the CDA had appointed an administrator for the building on March 12, 2023, following the ongoing dispute.
Notably, on May 4, the IHC had ruled that buyers of apartments in the One Constitution Avenue project do not possess ownership rights after the lease for the development was cancelled. The court upheld the CDA’s decision to terminate the lease of this multi-billion-rupee project, dismissing petitions filed by the developer M/s BNP (Pvt) Ltd, investors, and other stakeholders.
The judgment clarified that apartment purchasers cannot claim independent ownership but may seek recovery of their investments directly from the developer. Meanwhile, the current stay order temporarily protects apartment owners from eviction as the legal process continues.
