Islamabad: 20 sub lease holder apartment owners of one constitution avenue could not get immediate relief in intra court appeal in Islamabad High Court (IHC).
The court remarked when apartments owners started residing therein then lease was there legally, therefore, the rights of affectees cannot be ignored.
IHC bench comprising Justice Muhammad Azam Khan and Justice Inam Amin Minhas took up intra court appeal for hearing.
Former Air Chief Mujahid Anwar Khan, former president ICC Ahsan Mani and former chairman Senate Wasim Sajjad and others have challenged decision.
Appellants while challenging paragraph 30 of the decision took the plea third party rights be protected.
Taimore Aslam and Ali Raza advocate appeared on their behalf while Kashif Ali Malik advocate represented CDA.
CDA counsel took the plea clear order of IHC is there regarding cancellation of lease and as per law the building has become property of CDA on expiry of lease.
Justice Inam Amin Minhas inquired if it is so then what will be the position of committee constituted by Prime Minister (PM). And why have you not challenged this committee.
CDA counsel said he will not comment upon it and only Attorney General Office can tell about it.
Justice Muhammad Azam Khan remarked if PM committee has not been challenged then this will become problem.
Justice Inam Amin Mihas said rights of owners have been protected in Supreme Court (SC) too.
The court inquired was any notice given to owners of apartments to vacate the apartments.
Justice Inam Minhas remarked when lease was in place legally then they were living therein. if now some one goes there to live in then the matter will be different.
The court remarked there is no issue now with reference to BNP. The matter with reference to affectees is under consideration.
The counsel took the plea CDA is having no status of apartment owners.
The court inquired has any committee been constituted comprising residents of apartments.
CDA counsel replied no committee has been constituted.
Taimore Aslam counsel for the appellants said police is sent and doors are broken, Therefore, stay order be given.
He said should now FIR be got lodged against police officers.
Justice Muhammad Azam Khan remarked building is standing there. It is not going any where. It should be made clear first what CDA wants to do.
Kashif Ali Malik counsel for CDA said CDA board will decide this matter as per law.
Counsel for CDA further said if relief is provided to third party then its direct benefit will go to BNP.
The court while directing CDA to file written reply after obtaining directions adjourned hearing of the case till May 25.