IHC Publishes CDA Opinion in One Constitution Avenue Case

The appellants’ lawyer asks the court to grant them protection against the measures taken by the ADC

ISLAMABAD:

A division bench of the Islamabad High Court (IHC), comprising Justice Azam Khan and Justice Raja Inam Amin Minhas, on Monday issued a notice to the Capital Development Authority (CDA) regarding the intra-judicial appeal filed by the sub-lessees of 20 more apartments at One Constitution Avenue and sought its response.

While hearing the intra-judicial appeals of the 20 appellants, including former Air Chief Mujahid Anwar Khan and former Pakistan Cricket Board chairman Ehsan Mani, the appellants’ counsel, Advocate Ali Raza, said the rights of the appellants were affected by paragraph 30 of the IHC single judge’s decision.

He asks the court to declare legal and effective the rights acquired by the appellants under the sub-lease. He further presented the applications of the appellants, contending that the CDA should be restrained from interfering with the peaceful possession of the flats by the appellants and that paragraph 30 of the single court’s decision should be set aside.

Learn more: One Constitution Avenue sublease holders appeal IHC decision

Noting the importance of the issue at hand, the lawyer pointed out that a Prime Minister’s Committee had also been formed to look into the One Constitution Avenue case. He also asked the court to issue an order regarding the protection of the apartment owners in time, before the committee can say that they cannot do anything on May 26, saying that the next day is Eid. He expressed the callers’ fear that the CDA might come to their apartments and ask them to leave again.

In response, Justice Khan said he was issuing an opinion and asked the ADC to submit a response on Wednesday.

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