Federal Constitutional Court Overturns Supreme Court Orders on Karachi Building Demolitions
The Federal Constitutional Court (FCC) has recalled significant Supreme Court orders from 2018 and 2019 that had authorized the demolition of numerous illegally constructed buildings in Karachi, including the 15-story Nasla Tower. The FCC ruled that while the Supreme Court's intention to improve the city was commendable, the enforcement of building laws falls under the provincial government's purview, not the judiciary's. The court emphasized that due process must be followed in all cases, and demolitions cannot be ordered solely based on reports from the Sindh Building Control Authority (SBCA) without adherence to legal procedures. The FCC expressed regret that the Supreme Court had overstepped its role by launching a city-wide demolition drive, expanding beyond the original scope of the case which began with a dispute over a building in Lyari's Mussa Lane. The Supreme Court's proceedings escalated from addressing a specific building to issuing broad directives for demolishing various alleged illegal constructions across Karachi, including marriage halls and markets in Jam Sadiq Ali Park. This led to extensive enforcement actions, culminating in the demolition of Nasla Tower. The FCC acknowledged that a legal framework exists for addressing such violations, with designated authorities responsible for regulation, and that the Sindh government has a constitutional duty to supervise these matters. Consequently, the FCC withdrew all previous Supreme Court directions and any related actions or pending implementations. An additional note stressed the paramount importance of protecting citizens' fundamental rights, including access to public amenities and civic facilities, which must be safeguarded from unlawful encroachment.
This ruling reasserts the principle of separation of powers, clarifying judicial boundaries in administrative and regulatory matters. The Federal Constitutional Court's decision highlights a potential overreach by the Supreme Court in directly managing urban development and enforcement, which are typically functions of the executive branch. The analysis suggests a need for robust, transparent, and consistently applied legal frameworks for urban planning and construction oversight, rather than ad-hoc judicial interventions. This event underscores the systemic challenge of balancing rapid urban development with legal compliance and citizen rights, particularly in densely populated cities facing growth pressures. Future governance models may need to strengthen local regulatory bodies and ensure their capacity to enforce laws equitably, thereby reducing the reliance on extraordinary judicial measures that can disrupt established legal processes and impact property rights.
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