IHC restrains CDA from dispossessing residents of One Constitution Avenue
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ISLAMABAD: The Islamabad High Court (IHC) on Monday restrained the Capital Development Authority (CDA) from dispossessing the residents of One Constitution Avenue and issued a stay order on intra-court appeals filed against the dismissal of their writ petitions. A division bench comprising Justice Muhammad Azam Khan and Justice Raja Inaam Ameen Minhas heard the appeals filed by the residents of One Constitution Avenue. During the proceedings, the court directed the CDA not to take any coercive action against the occupants till the next hearing. The residents’ counsel, Sardar Taimur Aslam, said, “We want the CDA board to hear us and give us an opportunity to prove our innocence.” Justice Khan inquired about the process of sub-leasing and whether it was documented with an institution or done informally. Senior lawyer Ali Raza, another counsel representing the residents, contended that the CDA had leased out the land and subleases were executed while the original lease was intact. He argued that the CDA had received a partial payment, which was sufficient to cover the space where the residential towers were built. Appearing on behalf of the CDA, counsel Kashif Ali Malik told the court that the authority was the custodian of the land and the SC’s 2019 order, in which it directed the builder to pay Rs17bn, was public. “Why did people invest in risky properties?” he asked. Justice Minhas observed that the CDA had issued letters to the builder and was aware of the residents’ occupancy. Justice Khan asked whether the CDA had issued a completion certificate for the project. Malik replied that no completion certificate had been issued to date and that residents possessed no document issued by the CDA. Justice Minhas noted that in the National Police Foundation case, the entire housing scheme was declared illegal, yet the residents were not dispossessed. The court adjourned the hearing while issuing the stay order. The dispute relates to a 2005 lease agreement between the CDA