Ban on approving land use changes lifted: FCC recalls SC orders regarding demolition of some commercial buildings in Karachi

ISLAMABAD: The Federal Constitutional Court (FCC) has recalled the Supreme Court’s orders directing the demolition of various commercial buildings in Karachi and lifted the blanket ban on the Sindh Building Control Authority’s (SBCA) Master Plan Department and other provincial authorities from approving changes in land use.

The recalled orders were issued by the Supreme Court in CPLA No. 815-K of 2016 on December 21, 2018, and January 22, 2019.

A two-member FCC bench, headed by Justice Aamir Farooq and comprising Justice Syed Arshad Hussain Shah, also recalled all directions, consequential reports, proceedings, and actions taken or pending implementation under those orders. The court directed all concerned authorities to proceed strictly in accordance with the law.

The case originated from a November 2016 Sindh High Court (SHC) judgment concerning the legality of construction on Plot No. LY-10/ 82, Mussa Lane, near Pathan Masjid in Lyari, Karachi. The SHC noted that the fifth floor of the building had already been demolished by the SBCA, but the remaining structure continued to stand as it remained occupied and utility connections from K-Electric and the Karachi Water and Sewerage Board (KWSB) had not been disconnected. The High Court consequently ordered the demolition of the building.

In the judgment authored by Justice Aamir Farooq, the FCC observed that the matter had initially reached the Supreme Court in 2016 under Article 185 (3) of the Constitution as a narrowly defined appeal against the SHC’s order. While the apex court initially confined itself to issues arising from the appeal, the proceedings took a significant turn in July 2018 when it directed the authorities to submit complete details of all buildings in Lyari Town allegedly constructed without approved building plans.

On December 21, 2018, the Supreme Court expanded the scope of the case, observing that illegal construction was not confined to Lyari Town but existed across Karachi. It directed the Director General of the SBCA to remove all illegally constructed buildings while ensuring the relocation of their occupants.

Subsequently, on January 22, 2019, the Supreme Court ordered the demolition of commercial establishments, including marriage halls, markets, and shopping centres, built in violation of land-use regulations. It also imposed a complete ban on the SBCA’s Master Plan Department and any authority of the Karachi city government or the Government of Sindh from approving changes in land use anywhere in Karachi.

The order further directed the Environment Department and other government agencies to restore Karachi to its original master plan and ensure that no deviations were permitted.

Justice Aamir noted that these directives led to extensive enforcement actions across Karachi, resulting in proceedings against numerous allegedly illegal buildings and commercial premises.

The judgment observed that what had begun as an appeal against a specific SHC order gradually evolved into a broader anti-encroachment campaign, with the Supreme Court assuming what could be described as a form of “continuous mandamus” by exercising an ongoing supervisory role over the matter.

The FCC held that courts must remain confined to the issues necessary for deciding the dispute before them and should not undertake inquiries or issue directions unrelated to the adjudication of the case. It emphasised that only those directions necessary to resolve the controversy pending before the court may be issued.

The court further observed that, particularly while exercising appellate jurisdiction, a court’s duty is to focus on the issues raised in the appeal and reach a reasoned determination in accordance with judicial propriety.

The FCC concluded that, in the present case, the Supreme Court had exceeded the scope of the appeal. While hearing a narrowly framed dispute concerning the demolition of a specific building in Lyari, it issued sweeping directions for the demolition of allegedly illegal buildings across Karachi and initiated a citywide enforcement drive beyond the matters directly before it.

Copyright Business Recorder, 2026