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IHC issues stay order on eviction of One Constitution Avenue apartment owners
Photo: geo.tv
2026-05-25 18:45   Justice   12

IHC issues stay order on eviction of One Constitution Avenue apartment owners

The Islamabad High Court (IHC) on Monday restrained the authorities from evicting apartment owners of One Constitution Avenue, Islamabad, until further orders, providing temporary relief to sub-lease holders amid an ongoing legal dispute over the multi-storey project.

The decision was announced by a two-member bench comprising Justice Muhammad Azam Khan and Justice Inaam Ameen Minhas while hearing intra-court appeals filed by several sub-lease holders, including Mujahid Anwar Khan, Ehsan Mani, and Wasim Sajjad.

The petitioners challenged paragraph 30 of a previous single-bench judgment, arguing that the protection of third-party rights had not been properly considered.During the proceedings, the bench examined whether the rights of apartment owners were taken into account during earlier Supreme Court hearings.

Justice Inaam Ameen Minhas observed that the court would first decide the stay application before proceeding with the full case, noting that the petitioners’ rights still appeared to exist under the challenged order.The court was also informed that the Capital Development Authority (CDA) had appointed an administrator for the building in March 2023.

Lawyers for the petitioners argued that a residents’ committee was already managing the property and that a government-formed committee under the Prime Minister was also reviewing the matter.

On the other hand, the CDA counsel maintained that no completion certificate had been issued for the building, raising questions about its legal status.

The case is linked to earlier proceedings in which the IHC Chief Justice upheld cancellation of the building’s lease due to non-compliance with financial conditions set by the Supreme Court, including unpaid instalments.

The court had earlier observed that sub-lessees claiming bona fide ownership could not be granted relief under Article 199 without proper evidence, advising them to pursue remedies through appropriate legal forums.

Full reading at geo.tv

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