IHC Halts Eviction for One Constitution Ave Apartments Amid Appeals, Ownership Disputes

Islamabad High Court Halts Eviction in One Constitution Avenue Case

On Monday, the Islamabad High Court (IHC) issued a stay order preventing authorities from evicting sub-lease holder apartment owners on One Constitution Avenue. The decision came after hearing intra-court appeals filed by former Air Chief Mujahid Anwar Khan, former ICC President Ahsan Mani, and others.

The appellants challenged paragraph 30 of the single bench decision regarding the protection of third-party rights. Advocates Taimur Aslam and Ali Raza represented the appellants, while Kashif Ali Malik stood for the Capital Development Authority (CDA).

During proceedings, CDA counsel argued that the appeals were not maintainable. Justice Inaam Ameen Minhas noted they would hear the full case later but only considered the request for a stay at present.

The court inquired if the apartment owners’ case was considered when the matter was before the Supreme Court and questioned how residents began living in the building without a completion certificate. Justice Muhammad Azam Khan remarked, “Was the CDA sleeping when there was no completion certificate but residents had already started living there?”

CDA counsel informed the court that the building still lacked its completion certificate. The IHC subsequently ruled that no eviction of apartment owners would take place until further orders.