The Federal Constitutional Court (FCC) has withdrawn Supreme Court orders that authorised demolitions of several allegedly illegal buildings in Karachi. The recalled directives included those that ultimately led to the demolition of the 15-storey Nasla Tower. Consequently, the court has redefined the limits of judicial authority in such matters.
Court Stresses Due Process in Demolition Cases
In a judgement authored by Justice Aamer Farooq, the FCC ruled that enforcing building laws primarily falls within the provincial government’s authority. Although the Supreme Court’s intentions were aimed at improving Karachi, the FCC said such actions must follow due legal procedures.
The court emphasised that authorities cannot order demolitions solely based on reports from the Sindh Building Control Authority (SBCA). Instead, government agencies must ensure every case complies with due process before taking action.
Furthermore, the FCC observed that the Supreme Court proceedings expanded beyond the original dispute. It said the case shifted from a specific legal challenge to a broader campaign against alleged illegal constructions.
Ruling Revisits Supreme Court Directives
The case originated from a dispute over a multi-storey building in Lyari’s Mussa Lane. After the Sindh High Court ordered its demolition in 2016, the matter reached the Supreme Court through an appeal.
However, from 2018 onward, the Supreme Court widened its focus to illegal buildings across Karachi. It directed authorities to demolish structures violating the city’s master plan and initiate action against responsible SBCA officials.
Those directives eventually led to enforcement actions against numerous buildings, including Nasla Tower. Subsequently, affected property owners and the Association of Builders and Developers (ABAD) challenged the orders before the courts.
The FCC concluded that courts should remain confined to resolving the specific disputes before them. Therefore, it ruled that the broader demolition directives exceeded what was necessary for deciding the original case.
