The Islamabad High Court did not grant immediate relief to 20 sub-lease holder apartment owners of One Constitution Avenue in their intra-court appeals.
A division bench comprising Justice Muhammad Azam Khan and Justice Inaam Ameen Minhas heard the appeals. The petitioners, including former air chief Mujahid Anwar Khan, former ICC president Ehsan Mani, former Senate chairman Wasim Sajjad and others, have challenged the court’s earlier decision.
The appellants challenged the judgment up to paragraph 30 for the protection of third-party rights. Advocates Taimur Aslam and Ali Raza appeared on behalf of the appellants, while Advocate Kashif Ali Malik represented the Capital Development Authority.
During the hearing, CDA counsel Kashif Ali Malik argued that there was a clear order of the high court regarding cancellation of the lease. He said the law provides that after cancellation of the lease, the building becomes the property of the CDA.
At this, Justice Inaam Ameen Minhas remarked that if that was the case, then was the committee formed by the prime minister illegal? The court asked why the CDA had not filed any petition against the committee constituted by the prime minister. The CDA counsel replied that he would not comment on the matter, adding that only the Attorney General’s Office could explain it.
Justice Muhammad Azam Khan observed that if the prime minister’s committee had not been challenged, it would become an issue. Justice Inaam Ameen Minhas also remarked that the rights of the owners had been defended before the Supreme Court as well.
The court asked whether any notice had been issued to the apartment owners to vacate the apartments. Justice Inaam Ameen Minhas observed that the owners were residing there when the lease legally existed, adding that if anyone moved in now, that would be a separate matter.
The court observed that there was no longer any issue regarding BNP, and that the matter under consideration related to the affected parties. During the hearing, the counsel argued that the CDA had no status for the apartment owners.
The court asked whether any committee comprising the apartment residents had been formed. The CDA counsel replied that no such committee had been constituted.
Appellants’ counsel Taimur Aslam argued that police were being sent and doors were being broken, therefore a stay order should be granted. He asked whether FIRs should now be registered against police officers.
Justice Muhammad Azam Khan remarked that the building was standing and was not going anywhere, adding that the court would ask the CDA what it intended to do. CDA counsel Kashif Ali Malik said the CDA Board would decide the matter in accordance with the law.
The CDA counsel further argued that if relief was granted to the third party, it would directly benefit BNP.
The court later directed the CDA to seek instructions and submit a written reply, and adjourned the hearing until May 25.
