ISLAMABAD – The Federal Constitutional Court has set aside the Supreme Court’s orders of December 21, 2018, and January 22, 2019, which led to the demolition of Karachi’s Nasla Tower, stating that action against illegal constructions primarily falls within the jurisdiction of provincial authorities rather than the judiciary.
In its ruling, the court said that courts should remain confined to the dispute before them and avoid unnecessary intervention in matters beyond the case under consideration.
It observed that the Supreme Court had issued wider directions beyond the scope of the pending case and noted that demolition orders could not be based solely on reports submitted by the Sindh Building Control Authority without fulfilling the required legal procedures.
The Constitutional Court emphasized that due process is a mandatory constitutional requirement in every case. It clarified that the purpose of the judgment is not to grant legal protection to illegal constructions but to ensure that any action taken complies with the law.
The ruling further stated that Karachi already has an effective legal framework and relevant institutions responsible for dealing with illegal constructions. It said the Sindh government and the concerned authorities are constitutionally and legally obligated to monitor and take action against unlawful buildings.
The court formally withdrew the Supreme Court’s orders dated December 21, 2018, and January 22, 2019, along with all actions taken under those directives.
Justice Syed Arshad Hussain Shah also authored an additional note, stating that protecting citizens’ fundamental rights and public amenities is the state’s primary responsibility. He stressed that parks, playgrounds, green belts, footpaths, beaches, and other public spaces should be safeguarded from encroachments and unauthorized alterations.
Nasla Tower, a 15-storey building located on Shahrah-e-Faisal in Karachi, was demolished following the Supreme Court’s orders. According to the administration, the demolition operation continued around the clock using five heavy machines. The demolition began on November 28 and was completed over 69 days, after which debris removal continued.
The Supreme Court had declared Nasla Tower an illegal structure and ordered its demolition. The demolition was completed on February 5, 2022.
