The Court held that the Constitution and relevant laws assign responsibility for regulating buildings
ISLAMABAD:
The Federal Constitutional Court (FCC) has withdrawn the Supreme Court’s general directions that imposed restrictions on land conversion in Karachi and ordered the demolition of illegal constructions, including the orders that led to the demolition of Nasla Tower.
It held that regulation of buildings and enforcement of building codes falls primarily within the jurisdiction of the provincial government rather than the judiciary.
In a 10-page written judgment, authored by Justice Aamer Farooq, the court held that the constitution and relevant laws assign the responsibility of regulating buildings and taking action against illegal constructions to the Sindh Building Control Authority (SBCA) and the Sindh government.
It stated that officials from the SBCA and the provincial government are constitutionally and legally responsible for enforcing building codes and must fulfill their obligations under the Act.
The court observed that the constitution and relevant statutes require the SBCA and the Sindh government to take action against illegal constructions, adding that the competent authorities are bound to fulfill their constitutional and legal obligations.
According to the judgement, the case originally came before the Supreme Court as an appeal regarding an illegally constructed building in Lyari. However, the scope of the case was subsequently expanded to include the entire Lyari area and later the entire city of Karachi.
The SC had also issued broad directions for the demolition of illegal marriage halls, malls, markets and other structures built in violation of Karachi’s master plan. These general directions included the orders issued in 2018 and 2019 which eventually resulted in the demolition of the Nasla Tower.
The FCC noted that during the hearing of the appeal, the Supreme Court actually exercised powers equivalent to suo motu jurisdiction without meeting the constitutional requirements governing such procedures, amounting to an excess of judicial authority.
The judgment held that the courts should remain confined to the disputes brought before them and should avoid unnecessary interference in matters falling within the domain of the executive authorities.
The court held that demolition orders cannot be issued solely on the basis of reports submitted by the SCBA. It emphasized that every citizen has the right to a fair trial and a fair trial before any adverse action affecting their rights is taken, noting that fair trials are a mandatory constitutional requirement in any case.
It clarified that its decision does not legalize illegal constructions or prevent action against illegal buildings. Rather, it said that the Constitution and existing laws already provide a comprehensive legal framework for dealing with illegal constructions and that framework must be followed by the competent authorities.
The judgment noted that an effective legal mechanism and the relevant institutions already exist to deal with illegal constructions in Karachi. It added that the Sindh government and concerned authorities are constitutionally and legally bound to monitor illegal constructions and take action in accordance with the law.
The court further noted that according to the parties involved, the original dispute regarding the illegally constructed building in Lyari had become fruitful. As a result, the FCC withdrew all general directions previously issued by the Supreme Court in the case and dismissed the appeal.
On a further note, Justice Syed Arshad Hussain Shah observed that protection of fundamental rights of citizens and public amenities is the foremost responsibility of the state.
He emphasized that parks, playgrounds, green belts, footpaths, beaches and other public spaces must be secured against illegal interventions and illegal changes.
