FCC overturns SC orders on Karachi land conversion, demolition of illegal structures

ISLAMABAD: The Federal Constitutional Court (FCC) has set aside the Supreme Court’s (SC) directives imposing a ban on land conversion in Karachi and ordering the demolition of illegal constructions, declaring that the apex court had exceeded its constitutional jurisdiction.

In a 10-page written judgement authored by Justice Aamer Farooq, the Constitutional Court ruled that matters relating to building regulations fall within the jurisdiction of the provincial government, not the courts. It held that the Constitution and relevant laws place the responsibility for taking action against illegal constructions on the Sindh government and the Sindh Building Control Authority (SBCA), and that both are legally bound to enforce the law.

The judgement noted that the original case before the SC concerned an appeal relating to a single illegally constructed building in Lyari, which had since become infructuous according to the parties. However, the Supreme Court expanded the scope of the case from one building to the entire Lyari area and eventually to the whole of Karachi.

According to the Constitutional Court, the SC went on to order the demolition of illegal marriage halls, shopping centres, markets and other structures across Karachi, as well as constructions allegedly violating the city’s master plan. It also observed that the apex court exercised suo motu powers during the appeal without fulfilling constitutional requirements.

The Constitutional Court held that demolition orders could not be issued solely on the basis of an SBCA report and stressed that every citizen has the fundamental right to due process before any action is taken.

The court clarified that its ruling does not validate illegal constructions, emphasising that a legal framework and enforcement mechanism already exist to deal with such violations. It disposed of the case after withdrawing all directions issued by the SC in the matter.

Justice Syed Arshad Hussain Shah also issued an additional note, stating that protecting citizens’ fundamental rights and public amenities is the state’s foremost responsibility. He stressed that parks, playgrounds, green belts, footpaths, beaches and other public spaces must be safeguarded against illegal encroachments and unlawful conversions.