Imran Khan’s luxury apartment case back in court – Journal

ISLAMABAD: The controversy surrounding the luxury apartment once owned by former Prime Minister Imran Khan once again reached the Islamabad High Court on Tuesday.

A division bench had already restrained the Capital Development Authority (CDA) from dispossessing the buyers of One Constitution Avenue, including the man who bought Mr Khan’s apartment, and issued an order staying intra-judicial appeals filed against a single verdict that had left their fate tied to the defaulting builder.

The apartment which originally belonged to Mr Khan was sold directly to Shahid Naseer through the builder of the controversial project, Farooq Ahmed Sheikh of M/s BNP.

A division bench, comprising Justice Mohammad Azam Khan and Justice Raja Inaam Ameen Minhas, heard the appeals filed by the residents of One Constitution Avenue and directed the CDA not to take any coercive action against the occupants until the next hearing.

The dispute dates back to a 2005 lease agreement between the CDA and BNP (Private) Limited for a five-star hotel project, later transformed into a luxury residential and commercial complex, One Constitution Avenue. The lease was terminated in 2016, reinstated by the Supreme Court in 2019 under strict conditions, including payment of Rs17.5 billion in installments secured by bank guarantees, and then canceled again after BNP allegedly defaulted.

Last month, a single IHC court upheld the voiding of the CDA, ruling that third-party buyers would “sink or sail” with the original lessee. The verdict sparked panic among residents, with reports that officials were breaking down doors to serve eviction notices.

Mr Naseer, who purchased the apartment originally owned by the former prime minister, signed a serviced apartment booking agreement with BNP in July 2022 for a two-bed unit on the 11th floor of Tower C, for Rs 93.575 million.

Mr Naseer has already paid 45.5 million rupees – almost 48 per cent of the total price – via bank transfer, according to the agreement available with Dawn. The apartment, described as approximately 1,970 square feet, was expected to be ready for possession by August 31, 2022, with BNP reserving the right to extend the deadline to February 28, 2023.

This deadline has long passed. No certificate of completion was ever issued by the CDA for the project.

The deal places most of the risk on the buyer. Article 4 specifies that the risk of loss or damage to the apartment passes to the buyer on the completion date “irrespective of whether he has physically taken possession of it”. Clause 13 allows BNP to forfeit up to 25 percent of the consideration if the buyer defaults on payment. Clause 12, which deals with Sublessor Default (BNP), gives the buyer the sole remedy of terminating the contract after December 31, 2023 and recovering payments – less any amounts already paid to the buyer in the form of a 6% annual surcharge.

Court records show that 240 apartments in the disputed project were allocated to the country’s ruling elite. The list included a former Acting President (who served two non-consecutive terms), a former Senate President, a former Prime Minister, a former Chief of Air Staff, a former Navy Chief, two former Chief Justices of Pakistan, a former Chief Justice of the Lahore High Court and a former Defense Minister.

Intriguing new facts have also surfaced in the court filing, including a 2012 interim arbitration award issued by current Defense Minister Khawaja Mohammad Asif – then a private citizen – and a former presiding judge to resolve differences between the project’s two main partners.

Published in Dawn, June 10, 2026

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