FCC ruling puts onus of illegal construction on Sindh govt

• Senior lawyers agree with Federal Constitutional Court that SC had overstepped its domain by ordering a citywide demolition drive
• Say verdict binds provincial govt to regulate and preserve public amenities for future generations

A DAY after the Federal Constitutional Court (FCC) verdict recalling some Supreme Court orders that led to the demolition of the 15-storey Nasla Tower, senior lawyers and constitutional experts endorsed the FCC’s stance that the apex court had overstepped its domain, but caution that the fresh decision now puts the onus on the Sindh government and Sindh Building Control Authority (SBCA) to prevent illegal construction on amenity plots.

Dawn spoke to four senior lawyers who were of the view that the Supreme Court had exceeded and overstepped its domain while issuing sweeping demolition orders, since there was limited scope, especially in its appellate jurisdiction.

They also maintained that now, the issues of commercial activities and status of the subject plots, as well as illegal or unauthorised construction in the city, are to be determined by the provincial government in general and the SBCA in particular, strictly in accordance with the relevant laws, rules and regulations.

They further said that as per the FCC ruling, the provincial government and other relevant departments were under a corresponding constitutional and statutory duty to supervise and regulate these matters, as well as ensure preservation, maintenance and accessibility of public amenities for the benefit of present and future generations.

The experts added that the FCC had also clarified that it did not seek to legalise illegality or confer any lawful cover upon unauthorised construction within Karachi as a comprehensive legal framework already existed, supported by rules and designated regulatory authorities tasked with addressing such violations.

Talking to Dawn, former attorney general for Pakistan Anwar Mansoor Khan said that the Supreme Court had gone beyond its scope to pass the orders regarding demolition of wedding halls, buildings and other commercial establishments.

Supporting the FCC ruling, Mr Khan maintained the fresh judgement also explained that the fate of plots in question would be determined by the provincial authorities and the SBCA in compliance with the relevant laws, rules and regulations.

Former Sindh advocate general Barrister Zameer Ghumro recalled that the SC had passed the controversial orders on an appeal filed against an order of the Sindh High Court about a building in Lyari. He said the SC had exceeded its purview in the subject matters ignoring the fact that it was the domain of relevant authorities to decide and regulate the issues of illegal or unauthorised construction or conservation of land in accordance with the applicable laws and rules.

He said that the FCC in its ruling has also emphasised upon maintenance of parks and grounds in the city and has placed the responsibility on the SBCA to ensure that no illegal or unauthorised construction will be allowed.

Former Sindh Bar Council vice chairman Syed Haider Imam Rizvi observed that the SC orders had created an anarchy in the city.

He believed that such orders should have been recalled much earlier since the SC had exceeded and overstepped its domain as such decisions had already caused irreparable losses to the people.

“Such rulings, passed upon personal whims and wishes, had created an insecurity among the real estate and construction industry, forcing the investors to leave the city,” he said and opined that the judges concerned might be held accountable.

As per the FCC verdict, he said, the conversion, regularisation and legalisation of the land can only be undertaken in compliance with the Karachi Building and Town Planning Regulations 2002, the Sindh Building Control Ordinance, 1979 and other applicable rules and regulations.

Former Sindh High Court Bar Association president Barrister Sarfaraz Ali Metlo said that the FCC had reviewed the orders of the apex court and emphasised upon enforcement of applicable laws and rules in conversion of land and construction matters.

He also maintained that initially, the matter was in the appellate jurisdiction of the SC and the court had exercised its original jurisdiction to pass such orders. However, the aggrieved individuals or parties were deprived of their basic rights of hearing and appeal as the apex court had acted as a trial court, he added.

About action against SBCA, he was of the view that a due process of law was available to ensure accountability and action against any delinquent civil or government servant can be taken under the applicable rules and regulations.

It may be noted that the SC had passed the impugned orders in December 2018 and January 2019 at its Karachi’s Registry during the hearing of an appeal filed against an order of the SHC regarding demolition of a building in Lyari.

The apex court had also ordered removal of various commercial activities at the Jam Sadiq Ali Park including marriage halls, markets, shopping centres etc and action against all responsible officials of SBCA for aiding and abetting such constructions as well as cost of rehabilitation of occupants to be recovered from these officials.

In its detailed verdict released on Thursday, the FCC ruled that though the objective behind the SC directions to demolish illegal buildings were well-intentioned and aimed at improvement of the city, the enforcement of building laws remained primarily within the domain of the provincial government, not the judiciary.

The ruling emphasised that it was for the government and its agencies to take all necessary legal measures to ensure due process in each case.

Published in Dawn, July 11th, 2026 ...