Authorities move to vacate One Constitution Avenue after IHC decision

Police deployed at all entry points to the building, residents instructed to vacate their apartments by midnight

ISLAMABAD:

Police and district administration on Friday took control of a multi-storey residential building on Constitution Avenue following an Islamabad High Court (IHC) ruling in a long-running lease cancellation dispute.

Police teams were deployed at all entry points to the “One Constitution Avenue” building and residents were asked to vacate their apartments by midnight. Several apartments were already vacated, while residents of some units were still moving their belongings.

The move followed the court’s decision a day earlier, prompting immediate administrative action on the spot.

The case centers on the Danish Capital Development Agency’s (CDA) cancellation of the project’s lease. BNP Company had challenged the decision in the IHC and sought restoration of the lease.

IHC Chief Justice Sarfraz Dogar announced a brief order dismissing the petition against cancellation of lease and disposal of related applications filed by flat owners.

Residents claimed that the CDA had approved the construction plan and issued a no-objection certificate (NOC), after which flats were purchased. They maintained that the dispute was between the CDA and the developer and should be resolved between the parties concerned.

Read: SC petition challenges IHC judges’ transfer

The project originally originated from a 13.5 hectare plot of land awarded to BNP Group after an auction on 9 March 2005 for Rs 4.88 billion. Although the possession was handed over the same year after an initial payment of Rs800 million, BNP has so far paid Rs1.02b, while the remaining Rs3.85b can be recovered in installments till 2026.

In July 2016, the CDA canceled the lease citing several violations. The decision was upheld by the IHC in 2017, which also declared the conversion of a planned five-star hotel into luxury apartments illegal. However, the Supreme Court overruled this judgment in early 2019 and ordered the developer to pay 17.5 billion. Rs. in installments over eight years.

CDA argued that BNP failed to meet its financial obligations after 21 years, and maintained that full ownership was conditional on 100% payment of the land cost. Of the total liability of DKK 17.5 billion. Rs., is only 2.9 billion. Rs – about 16.6% – was allegedly paid.

The complex is reported to include apartments owned by several prominent figures, including Pakistan Tehreek-e-Insaf founder Imran Khan, Chaudhry Aitzaz Ahsan, Shandana Gulzar Aurangzeb, former minister Burjees Tahir, former interim prime minister Nasirul Mulk and Kashmala Tariq.

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