IHC stops CDA from evicting owners of one constitution avenue apartments

ISLAMABAD
Islamabad High Court (IHC) has ordered that owners of one constitution apartments be not evicted till further orders.
IHC has issued a big order regarding eviction of owners of one constitution apartments.
The intra court appeals by sub lease holders apartments owners of one constitution avenue came up for hearing before Justice Muhammad Azam Khan and justice Inam Amin Minhas of IHC Monday.
These appeals were filed by former Air Chief Mujahid Anwar Khan, former president ICC Ahsan Mani, former chairman Senate Wasim Sajjad and others.
The appellants have challenged paragraph 30 of single bench for protection of third party rights.
Taimore Aslam and Ali Raza advocate appeared on behalf of appellants while Kashif Malik advocate represented CDA in the court.
Counsel for CDA took the plea during the hearing of the case chairman CDA was outside the country. He has returned a day before. Despite it I have filed reply to reply in this regard.
Justice Inam Amin Minhas said complete case will be heard later. We have to see their application to the extent of stay.
Counsel for CDA said our stance is this these appeals are not maintainable.
Justice Inam Amin Minhas inquired when this matter was in Supreme Court (SC) then was the matter related to the owners of these apartments seen. Their right exists too according to what order they have challenged.
Kashif Malik advocate said the complete decision of single bench will have to be read along with this paragraph.
On this occasion the paragraph of decision related to owners of the apartment was read out.
Justice Inam Amin Minhas inquired from the counsel CDA appointed administrator when.
Counsel for the appellants Ali Raza told the court CDA had appointed administrator on March 12, 2023.
Counsel Sardar Taimore Aslam took the plea CDA had sought time till today to seek instructions from CDA Board.
According to him CDA chairman was outside the country. Residence committee was formed which was running building. Our request is only this CDA should have no problem in this regard.
According to counsel Prime Minister (PM) too has constituted committee. Its recommendations have to come and they have to be approved by cabinet. Then this matter has to go to CDA Board. Do they want they have to take possession during Eid days.
Counsel Ali Raza took the plea CDA has accepted owners rights earlier. CDA has received lease amount of 15 to 18 percent.
Justice Azam Khan inquired was certificate received about completion of this building. CDA counsel replied certificate has not been received so far regarding completion of this building.
Justice Azam Khan remarked was CDA sleeping. When the certification about completion was not received, the residents started living therein. Justice Inam Amin Minhas remarked if BNP does not file appeal against the decision of single bench then will they have no right.
Counsel for CDA took the plea this is case of law. Their appeals are not maintainable.
Later the court while giving decision for stopping the eviction of owners of one constitution avenue ordered that the owners of apartments be not evicted till further orders.