The Federal Constitutional Court on Friday withdrew the Supreme Court’s 2018 and 2019 Nasla Tower demolition orders, ruling that action against illegal constructions falls under provincial authorities.
The court said the judiciary cannot initiate action against illegal constructions on its own. It held that courts should decide disputes placed before them and avoid unnecessary intervention in administrative matters.
The verdict said the Supreme Court went beyond the scope of the case by issuing broader directions on illegal constructions. It also ruled that demolition orders cannot rely solely on Sindh Building Control Authority reports without meeting legal requirements and observing due process.
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The court said fair proceedings and due process remain mandatory constitutional requirements. It added that Karachi has a legal and institutional framework for addressing illegal construction.
“Our objective is not to protect illegal constructions, but to ensure that any action is taken strictly in accordance with the law,” the court observed.
Justice Arshad Hussain Shah said in an additional note that protecting citizens’ fundamental rights and public amenities is the state’s foremost responsibility. He also said public spaces must remain protected from illegal encroachments and unauthorised changes.
Former Chief Justice of Pakistan Gulzar Ahmed ordered the demolition of Nasla Tower on Shara-e-Quaideen, Karachi, on June 28, 2021. Local authorities demolished the residential building on November 24, 2021, after the Supreme Court’s directions.
