The Federal Constitutional Court (FCCP) has withdrawn the Supreme Court's general directions that imposed restrictions on land conversion in Karachi and ordered the demolition of illegal constructions. In a 10-page written judgment authored by Justice Aamer Farooq, the court held that building regulations and their enforcement fall within the jurisdiction of the provincial government, not the courts.
Provincial Responsibility for Building Laws
The FCCP observed that the Constitution and relevant laws require the Sindh Building Control Authority (SBCA) and the Sindh government to take action against illegal constructions. It stated that officials of the SBCA and the provincial government are responsible for enforcing the law and must fulfill their constitutional and legal obligations.
Supreme Court Overreach
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 FCCP 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.
Due Process Rights
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 legalize any illegal construction. Rather, it emphasizes 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.
Case Disposal
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.
