The Federal Constitutional Court (FCCP) has withdrawn the Supreme Court’s general directions imposing restrictions on land conversion in Karachi and ordering the demolition of illegal constructions, holding that building regulations and their enforcement fall within the jurisdiction of the provincial government, not the courts.
FCCP withdraws Supreme Court’s general orders in Karachi illegal constructions case
ISLAMABAD, Jul 10 (APP): The Federal Constitutional Court (FCCP) has withdrawn the Supreme Court’s general directions imposing restrictions on land conversion in Karachi and ordering the demolition of illegal constructions, holding that building regulations and their enforcement fall within the jurisdiction of the provincial government, not the courts.
In a 10-page written judgment authored by Justice Aamer Farooq, the court observed that the Constitution and relevant laws require the Sindh Building Control Authority and the Sindh government to take action against illegal constructions. It said officials of the SBCA and the provincial government are responsible for enforcing the law and must fulfil their constitutional and legal obligations.
According to the judgment, the matter before the Supreme Court originally concerned an appeal relating to an illegally constructed building in Lyari. However, the scope of the case was subsequently expanded to cover the whole of Lyari and later the entire city of Karachi. The Supreme Court had also issued directions for the demolition of illegal marriage halls, shopping centres, markets and structures constructed in violation of the Karachi Master Plan.
The Federal Constitutional Court held that, while hearing the appeal, the Supreme Court effectively exercised powers akin to suo motu jurisdiction without fulfilling the constitutional requirements, amounting to an overreach of judicial authority.
The judgment further stated that no demolition order could be issued solely on the basis of an SBCA report, as every citizen has the fundamental right to due process and a fair hearing before any adverse action is taken.
The court clarified that its ruling does not legalise any illegal construction. Rather, it emphasises that the Constitution and the law already provide a proper legal framework for taking action against unlawful buildings, which must be followed by the competent authorities.
The judgment noted that the original dispute concerning the Lyari building had become infructuous, according to the parties.
Consequently, the court withdrew all general directions issued by the Supreme Court in the case and disposed of the appeal.
