The Federal Constitutional Court has withdrawn the Supreme Court's orders that led to the demolition of Karachi's Nasla Tower and other structures declared illegal, ruling that the apex court had exceeded its constitutional jurisdiction.
In a 10-page written judgment authored by Justice Amir Farooq, the Constitutional Court held that the Supreme Court had gone beyond the scope of the original case by extending proceedings from a single disputed building in Lyari to illegal constructions across Karachi.
The court observed that the original appeal concerned one building in Lyari, which had already become ineffective according to the parties involved. It therefore disposed of the case and withdrew all consequential orders issued in the earlier Supreme Court proceedings.
The judgment stated that the Supreme Court had ordered the demolition of buildings, marriage halls, shopping centres and markets allegedly constructed in violation of the Karachi Master Plan by exercising suo motu powers without fulfilling constitutional requirements.
The Constitutional Court ruled that matters relating to building regulations and enforcement fall within the jurisdiction of the provincial government, not the judiciary.
However, the court clarified that its decision should not be interpreted as validating illegal construction.
It noted that the Sindh Building Control Authority (SBCA) and the Sindh government remain legally bound to take action against unlawful structures under the relevant laws.
The judgment further stated that action against illegal buildings must follow due legal process and cannot be based solely on reports submitted by the SBCA.
Emphasising constitutional protections, the court said every citizen has the fundamental right to due process before any demolition or other punitive action is taken.
