FCC ruling places onus of illegal construction on Sindh govt

Senior lawyers and constitutional experts have backed the Federal Constitutional Court's (FCC) ruling that the Supreme Court overstepped its authority by ordering a citywide demolition drive, including the 15-storey Nasla Tower. The FCC's decision effectively recalls some of the Supreme Court's previous orders.

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the Supreme Court had overstepped its domain

These legal experts argue that the Supreme Court exceeded its scope, particularly in its appellate jurisdiction, when issuing broad demolition mandates. The responsibility for regulating and preserving public amenities now rests with the Sindh government and the Sindh Building Control Authority (SBCA).

The FCC clarified that its ruling does not legitimize illegal construction. Instead, it places a constitutional and statutory duty on provincial authorities to supervise these matters according to existing laws and regulations. The goal is to ensure public amenities remain accessible for present and future generations.

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the Supreme Court had gone beyond its scope to pass the orders regarding demolition of wedding halls, buildings and other commercial establishments

Former attorney general Anwar Mansoor Khan and former Sindh advocate general Barrister Zameer Ghumro both agreed that the Supreme Court had gone beyond its purview. They noted that the FCC ruling emphasizes that the fate of disputed plots and any illegal construction will be determined by provincial authorities and the SBCA in strict compliance with relevant laws.

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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