ISLAMABAD, Jul 10 (Alliance News): The Federal Constitutional Court (FCC) on Friday set aside the Supreme Court’s 2018 and 2019 orders relating to the demolition of Karachi’s Nasla Tower, ruling that action against illegal constructions falls within the jurisdiction of provincial governments and relevant administrative authorities.
In its verdict, the court held that the judiciary cannot initiate action against illegal buildings on its own and should limit itself to deciding disputes brought before it in accordance with the law.
The FCC observed that the Supreme Court had gone beyond the scope of the original case by issuing broader directions regarding illegal constructions.
The court further ruled that demolition orders cannot be issued solely on the basis of reports submitted by the Sindh Building Control Authority (SBCA) without fulfilling legal requirements and ensuring due process.
It stressed that fair legal proceedings and constitutional safeguards must be followed before any action is taken against a property.
“Our objective is not to protect illegal constructions, but to ensure that any action is taken strictly in accordance with the law,” the court observed.
The judgment noted that Sindh already has a legal and institutional framework to deal with illegal constructions and that it is the responsibility of the provincial government and relevant authorities to monitor and take action against such buildings.
In an additional note, Justice Arshad Hussain Shah said protecting citizens’ fundamental rights and public amenities is the state’s primary responsibility and stressed the need to safeguard public spaces from illegal encroachments.
The Nasla Tower case gained national attention after the Supreme Court ordered the demolition of the residential building on Karachi’s Shahrah-e-Quaideen in June 2021. The building was demolished in November 2021, and investigations were also ordered against officials of the Sindh Building Control Authority and others involved in the project’s approval.
