The Federal Constitutional Court (FCCP) has withdrawn the Supreme Court’s general directions imposing restrictions on land conversion in Karachi and ordering the demolition of illegal constructions, holding that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 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.