KARACHI (Lord Media): The Federal Constitutional Court has revoked the Supreme Court’s orders for the demolition of Nasla Tower and other illegal constructions in Karachi, as well as the restrictions on changing land statuses. The court stated that the Supreme Court’s decision exceeded its judicial powers, emphasizing that building regulations fall under provincial jurisdiction and that the constitutional court is not legitimizing any illegal constructions.
The Federal Constitutional Court has issued a written verdict on the illegal constructions case. The 10-page decision, authored by Justice Aamir Farooq, rescinds the Supreme Court’s orders that led to the demolition of Nasla Tower.
The verdict noted that an appeal regarding an illegally constructed building in Lyari was under consideration by the Supreme Court, but the case was expanded to encompass the entire Lyari area and then the city of Karachi.
The Supreme Court had ordered the demolition of all constructions against the Karachi Master Plan, including illegal wedding halls, shopping centers, and markets. The constitutional court deemed this use of suo motu powers without fulfilling constitutional requirements.
According to the decision, the court stated that there are existing laws and procedures for action against illegal constructions, and demolitions cannot be ordered solely based on the SBCA report. The constitutional court emphasized that every citizen has the fundamental right to due legal process.
