Top court ordered its demolition on June 16
Nasla Tower’s owners have to refund its residents in three months, the Supreme Court has ordered in the case of the illegally constructed residential building on Karachi’s main artery, Sharae Quaideen.
“The owners of the tower shall refund price of shops/residential units and other areas sold by them in any form to the registered owners within a period of three months,” the court said in its written verdict released on Saturday. “In case of delay, the claimants can claim mark-up/profit at the bank rate together with damages.”
A three-member, headed by Chief Justice Gulzar Ahmed, had ordered its demolition on June 16 after dismissing the review petition filed by the owners.
The verdict said that there is “no denial” that the plot was expanded illegally. The original plot was 780 square yards but the tower was built on 1,044 square yards. “A service road has been encroached on and the tower exists on an area in excess of what was originally leased.” It has been constructed on encroached land.
The Karachi commissioner has been instructed to take possession of it, ensure that people living in the building vacate it, and start its demolition. He will have to submit a compliance report at the next hearing.
The top court has issued a notice to the authorities on November 8, 2011 to examine the legality of the tower.
The mukhtiarkaar of Ferozabad submitted a report on January 21, 2021. He claimed that Sindhi Muslim Cooperative Housing Society had illegally increased the size of the plot by alloting the land reserved for a service road.
The former Karachi chief commissioner agreed to allot the land strip on both sides of the main Karachi-Malir road in front of the land on payment of the market price, the mukhtiarkaar said.
The Nasla Tower is located at the intersection of Sharae Faisal and Sharae Quaideen. One apartment roughly costs Rs30 million.