ISLAMABAD: Pakistan’s Islamabad High Court (IHC) on Monday barred the Capital Development Authority (CDA) from evicting residents of a luxury apartment complex in the federal capital until pending intra-court appeals were decided, a lawyer representing the residents said.
The case concerns a 2005 lease agreement between CDA and BNP (Pvt) Limited for the construction of a five-star hotel. However, the developer converted the project into a residential complex, resulting in One Constitution Avenue, a luxury high-rise residential and commercial development located in a prime area of Islamabad.
A two-judge bench comprising Justice Muhammad Azam Khan and Justice Raja Inaam Ameen Minhas heard the appeals filed by the One Constitution Avenue residents.
“During today’s proceedings in the Islamabad High Court, the honorable court was graciously pleased to grant the injunction,” Advocate Sardar Taimur Aslam, counsel for One Constitution Avenue residents, told Arab News.
“The court restrained the CDA and all concerned authorities from dispossessing or evicting the residents of One Constitution Avenue until the intra-court appeals are finally decided.”
The development comes after the court ruled earlier in May that those who bought flats in the tower had no ownership rights after cancelation of the building’s lease.
In its detailed judgment, the IHC had dismissed the petitions filed by the project developer, along with investors and other stakeholders, challenging the CDA’s decision to terminate the lease.
The CDA initially terminated the lease for One Constitution Avenue in 2016, but the Supreme Court restored it in January 2019. The restoration was made subject to the payment of Rs 17.5 billion ($62.7 million) over eight years through structured instalments backed by bank guarantees.
It also stipulated that the lease could only be terminated in the event of default, and only after a 30-day notice period, according to local media reports.
Last month, authorities entered the building in the capital’s high-security Red Zone, which houses key government and diplomatic offices, to vacate the luxury tower. The move prompted complaints from residents over inadequate notice and a heavy police presence.
On May 1, Prime Minister Shehbaz Sharif ordered a halt to further action against residents of One Constitution Avenue and constituted a high-level committee to review the disputed eviction of occupants.
