IHC seeks CDA’s response in One Constitution Avenue appeal


One Constitution Avenue buyers have no ownership rights: IHC

The Islamabad High Court (IHC) on Tuesday issued notices to the Capital Development Authority (CDA) on an intra-court appeal filed by apartment owners of One Constitution Avenue, seeking a response in the case related to the cancellation of the building’s lease.

A division bench comprising Justice Muhammad Azam Khan and Justice Inam Amin Minhas heard the appeal, during which the court raised concerns over alleged violations of the Supreme Court of Pakistan’s 2019 order.

“There was a clear violation of the Supreme Court’s 2019 order. What will be the consequences of this?” the bench remarked during proceedings.

The court directed authorities to hear all parties involved before moving forward and instructed that the matter be fixed again on a short date.

During the hearing, counsel representing the apartment owners argued that the CDA had previously been directed to formulate a plan of action while safeguarding the rights of third parties residing in the building.

The lawyer further stated that CDA officials were reluctant to take action due to possible scrutiny from anti-corruption bodies, including the National Accountability Bureau (NAB) and the Federal Investigation Agency (FIA).

The counsel informed the court that the Prime Minister had recently constituted a committee to examine the matter, adding that its recommendations would be submitted for cabinet approval.

The petitioners also requested the court to halt any disciplinary proceedings until the committee finalizes its recommendations.

Representing the appellants, lawyer Taimur Aslam stated that there was no objection to the court’s decision insofar as it upheld the lease cancellation. However, he argued that the CDA appeared unwilling to move toward a mutually acceptable resolution.

 “Diplomats and families are residing in the building,” Taimur Aslam told the court, emphasizing the potential humanitarian and diplomatic implications of the dispute.

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