One Constitution Avenue sublease holders appeal IHC decision

Another twenty apartment sublease holders in One Constitution Avenue have filed intra-court appeals against the decision of the Islamabad High Court's (IHC) single bench.

Former Air Chief Mujahid Anwar Khan, former ICC Chairman Ehsan Mani, Naseem Zahra and 20 others have filed intra-court appeals. Their appeal states that the rights of the appellants were affected by paragraph 30 of the single bench decision of the IHC. It noted that the rights of the appellants were recognised by their possession of the apartments and that the construction of residential towers B and C was carried out in accordance with the approved layout plan.

The appeal further stated that upon the cancellation of the lease in 2023, the CDA appointed the Director Estate as the administrator and a committee was formed in collaboration with the residents to manage and run the daily affairs of both the residential towers. It said that after the cancellation of the lease, the appellants are residing under the committee established under the supervision of the CDA, hence, this shows that the appellants have legal rights under which they continued to reside even after the cancellation of the lease.

The court has been requested to declare the rights acquired by the appellants under the sub-lease as legal and effective and to prevent the CDA from interfering with the peaceful possession of the apartments by the appellants, while in the light of the Supreme Court decision, paragraph 30 of the single bench decision should be declared null and void.

A single bench of the IHC had earlier upheld the decision to cancel the lease of One Constitution Avenue.