The court held that the Constitution and relevant laws assign responsibility for regulating buildings
ISLAMABAD:
The Federal Constitutional Court (FCC) has withdrawn the Supreme Court’s blanket directions that imposed restrictions on land conversion in Karachi and ordered the demolition of illegal constructions, including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 the Nasla Tower.
It decided that regulating buildings and enforcing building laws fall primarily within the jurisdiction of the provincial government and not the judiciary.
In a 10-page written judgment authored by Justice Aamer Farooq, the court held that the Constitution and relevant laws assign the responsibility of regulating buildings and taking action against illegal constructions to the Sindh Building Control Authority (SBCA) and the Sindh government.
He stated that officials of the SBCA and the provincial government are constitutionally and legally responsible for enforcing construction laws and must fulfill their obligations in accordance with 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 discharge their constitutional and legal obligations.
According to the judgment, the matter initially came before the Supreme Court as an appeal relating to an illegally constructed building in Lyari. However, the scope of the procedure was later expanded to cover the entire Lyari area and later the entire city of Karachi.
The SC had also issued broad directions for demolition of illegal marriage halls, shopping malls, markets and other structures built in violation of the Karachi Master Plan. Those general instructions included orders issued in 2018 and 2019 that ultimately resulted in the demolition of the Nasla Tower.
The FCC noted that, in hearing the appeal, the Supreme Court effectively exercised powers similar to suo motu jurisdiction without complying with the constitutional requirements governing such proceedings, which amounted to an overreach of judicial authority.
The ruling established that the courts should limit themselves to the disputes brought before them and should avoid unnecessary interventions in matters that fell within the scope of the executive authorities.
The court held that demolition orders cannot be issued solely on the basis of reports submitted by the SCBA. He emphasized that every citizen has the right to due process and a fair hearing before any adverse measure is taken that affects his or her rights, noting that fair judicial procedures are a mandatory constitutional requirement in all cases.
He clarified that his decision does not legalize illegal constructions nor prevent actions against illegal buildings. Rather, he said that the Constitution and existing laws already provide a comprehensive legal framework to deal with illegal constructions, and that competent authorities must follow that framework.
The judgment noted that an effective legal mechanism and relevant institutions already exist to deal with illegal constructions in Karachi. He added that the Sindh government and concerned authorities are constitutionally and legally bound to check illegal constructions and take action in accordance with the law.
The court further noted that according to the parties concerned, the original dispute regarding the illegally constructed building in Lyari had turned out to be unsuccessful. Accordingly, the FCC withdrew all general instructions previously issued by the Supreme Court in the case and resolved the appeal.
In a further note, Justice Syed Arshad Hussain Shah observed that protecting fundamental rights of citizens and public services is the primary responsibility of the State.
He stressed that parks, playgrounds, green belts, trails, beaches and other public spaces must be safeguarded against encroachments and illegal changes.
