FCC sets aside SC's Nasla Tower order
The Federal Constitutional Court (FCC) has withdrawn the Supreme Court's general directions that imposed restrictions on land conversion in Karachi and ordered the demolition of illegal constructions, including the orders that led to the demolition of Nasla Tower.
It ruled that regulating buildings and enforcing construction laws fall primarily within the jurisdiction of the provincial government rather than the judiciary.
In a 10-page written judgment authored by Justice Aamer Farooq, the court held that the Constitution and relevant laws assign responsibility for regulating buildings and taking action against illegal constructions to the Sindh Building Control Authority (SBCA) and the Sindh government.
It stated that officials of the SBCA and the provincial government are constitutionally and legally responsible for enforcing building laws and must discharge their obligations according to the law.
The court observed that the Constitution and relevant statutes require the SBCA and the Sindh government to take action against illegal constructions, adding that the competent authorities are duty-bound to fulfil their constitutional and legal obligations.
According to the judgment, the matter originally came before the Supreme Court as an appeal concerning an illegally constructed building in Lyari. However, the scope of the proceedings subsequently expanded to cover the entire Lyari area and later the whole city of Karachi.
The SC had also issued broad directions for the demolition of illegal marriage halls, shopping centres, markets and other structures built in violation of the Karachi Master Plan. Those general directions included the orders issued in 2018 and 2019 that eventually resulted in the demolition of Nasla Tower.
The FCC observed that, while hearing the appeal, the Supreme Court effectively exercised powers similar to suo motu jurisdiction without fulfilling the constitutional requirements governing such proceedings, amounting to an overreach of judicial authority.
The judgment stated that courts should remain confined to the disputes placed before them and should avoid unnecessary intervention in matters falling within the domain of executive authorities.
The court held that demolition orders cannot be issued solely on the basis of reports submitted by the SCBA. It emphasized that every citizen is entitled to due process and a fair hearing before any adverse action affecting their rights is taken, observing that fair legal proceedings are a mandatory constitutional requirement in every case.
It clarified that its decision does not legalise illegal constructions or prevent action against unlawful buildings. Rather, it said the Constitution and existing laws already provide a comprehensive legal framework for dealing with illegal constructions, and that framework must be followed by the competent authorities.
The judgment noted that an effective legal mechanism and the relevant institutions already exist to deal with illegal constructions in Karachi. It added that the Sindh government and the concerned authorities are constitutionally and legally bound to monitor unlawful constructions and take action in accordance with the law.
The court further noted that, according to the parties involved, the original dispute relating to the illegally constructed building in Lyari had become infructuous. Consequently, the FCC withdrew all general directions earlier issued by the Supreme Court in the case and disposed of the appeal.
In an additional note, Justice Syed Arshad Hussain Shah observed that protecting citizens' fundamental rights and public amenities is the state's foremost responsibility.
He stressed that parks, playgrounds, green belts, footpaths, beaches and other public spaces must be safeguarded against illegal encroachments and unlawful changes.