The Federal Constitutional Court (FCC) has withdrawn the Supreme Court’s 2018 and 2019 directives relating to the demolition of Karachi’s Nasla Tower, ruling that action against illegal constructions falls within the jurisdiction of provincial authorities rather than the judiciary.
In its detailed judgment, the court observed that the judiciary’s role is to decide disputes brought before it and not to initiate administrative action against allegedly illegal buildings. The bench held that the Supreme Court had exceeded the scope of the original proceedings by issuing wider directions regarding illegal constructions beyond the matter under consideration.
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The FCC further ruled that demolition orders cannot be based solely on reports submitted by the Sindh Building Control Authority (SBCA). It stated that all legal requirements must be fulfilled and due process must be followed before any action is taken against a property or structure.
The court emphasized that its ruling should not be interpreted as support for illegal constructions. Instead, it stressed that enforcement actions must remain consistent with constitutional guarantees, including fair legal proceedings and the protection of citizens’ rights.
According to the judgment, Sindh already has an established legal and institutional framework for addressing unauthorized constructions. The responsibility for monitoring, regulating and taking action against such buildings rests with the provincial government and relevant regulatory authorities.
In a separate note accompanying the verdict, Justice Arshad Hussain Shah stated that safeguarding public amenities and protecting the fundamental rights of citizens remain essential responsibilities of the state. He also highlighted the importance of preserving public spaces from illegal encroachments and unauthorized alterations.
Nasla Tower became one of Pakistan’s most prominent construction-related cases after the Supreme Court ordered its demolition in 2021 over alleged building violations. The structure was demolished later that year, while investigations were also ordered against officials of the SBCA and others associated with the project’s approval process.
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The latest ruling clarifies the constitutional limits of judicial intervention in administrative matters while reaffirming that any enforcement against unauthorized constructions must be carried out strictly in accordance with the law and established legal procedures.