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Constitutional court

Constitutional Court overturns demolition order for Monal Restaurant

by
Constitutional Court

ISLAMABAD: Constitutional Court set aside a previous order to demolish the Monal Restaurant in Islamabad’s Pir Sohawa area, allowing legal proceedings over the property’s ownership and regulatory status to continue.

The court accepted appeals filed by the Capital Development Authority> (CDA) and the Metropolitan Corporation Islamabad, while also vacating an interim stay order related to the case.

In its ruling, the court said questions regarding ownership of the property would be decided by the relevant trial courts without being influenced by judicial observations made in earlier proceedings. It added that administrative and regulatory matters should be determined by the competent regulatory authorities.

The Constitutional Court also directed the trial courts to dispose of the pending cases as expeditiously as possible.

During the hearing, Justice Hasan Azhar Rizvi remarked that several aspects had not been adequately considered in the earlier Supreme Court judgment and emphasized that the Constitutional Court would decide the matter on legal grounds rather than emotion.

Following the proceedings, the Constitutional Court formally annulled the earlier decision ordering the demolition of Monal Restaurant.

Constitutional court withdraws apex court orders in Nasla Tower case

by
Constitutional court

ISLAMABAD: Federal Constitutional Court has set aside the Supreme Court’s 2018 and 2019 orders that led to the demolition of Karachi’s Nasla Tower, ruling that action against illegal constructions primarily falls within the jurisdiction of provincial authorities rather than the judiciary.

In its judgment, the court said the Supreme Court had gone beyond the scope of the case before it by issuing broader directions.

It held that demolition orders could not be based solely on reports submitted by the Sindh Building Control Authority (SBCA) without fulfilling due process requirements guaranteed under the Constitution.

The Constitutional Court emphasized that courts should confine themselves to resolving disputes before them and avoid unnecessary intervention in administrative matters.

It said the objective of the ruling was not to legalize unauthorized constructions but to ensure that enforcement actions are carried out in accordance with the law.

The judgment noted that Sindh already has a legal framework and competent institutions to deal with illegal buildings.

 It said the Sindh government and relevant authorities are constitutionally and legally responsible for monitoring unauthorized construction and taking appropriate action.

The court formally withdrew the Supreme Court’s orders dated Dec. 21, 2018, and Jan. 22, 2019, along with actions taken under those directives.

In an additional note, Justice Syed Arshad Hussain Shah stressed that protecting citizens’ fundamental rights and preserving public spaces is a primary responsibility of the state.

 He said parks, playgrounds, green belts, footpaths, beaches and other public areas must be safeguarded from illegal encroachments and unauthorized alterations.