Years after demolition, the Federal Constitutional Court has withdrawn the Supreme Court’s 2018 and 2019 orders that led to the demolition of Nasla Tower and disposed of the case, ruling that the apex court had exceeded its constitutional authority in the matter.
In its 10-page written judgment issued by Justice Aamer Farooq, the court observed that the power to take action against illegal constructions primarily rests with provincial governments and relevant authorities, not the judiciary.
The judgment says that courts should remain confined to disputes before them and avoid intervening in matters beyond the scope of the cases under consideration.
The court noted that the original appeal before the Supreme Court concerned an illegal building in Lyari, but the scope of the proceedings was expanded first to the entire Lyari area and later to Karachi as a whole. As a result, demolition orders were issued against illegal marriage halls, shopping centres, markets, and other structures across the city.
The Federal Constitutional Court said the Supreme Court had exercised suo motu powers during the appeal proceedings without fulfilling constitutional requirements. It also noted that orders had been issued to demolish all constructions declared in violation of Karachi’s master plan.
However, the court clarified that the decision does not legalise any illegal construction. It said existing laws and procedures are already in place to deal with unlawful structures, and their enforcement is the responsibility of provincial governments and relevant departments.
The judgment says that the Sindh government and officials of the Sindh Building Control Authority (SBCA) are bound to enforce building laws, which fall under the provincial government’s jurisdiction.
The court set aside the Supreme Court’s orders dated December 21, 2018, and January 22, 2019, along with actions taken under those directions.
The Nasla Tower case had gained national attention after a three-member Supreme Court bench headed by then Chief Justice Gulzar Ahmed ordered the demolition of the building in June 2021, declaring it an encroachment on a service road. The demolition was completed in February 2022 following court directives.
