KARACHI: The Supreme Court directed Monday the Karachi authorities to demolish the Nasla Tower through a controlled implosion within a week. Chief Justice Gulzar Ahmed heard the case pertaining to the illegal construction of the residential complex on a service road on Sharae Faisal.
In June, the SC had ordered the tower’s demolition over its illegal construction on a service road, telling the builders to refund the registered buyers of the residential and commercial units within three months.
During today’s hearing, the CJP directed the owner of Nasla Tower to compensate the occupants and ordered the Karachi commissioner to ensure payments are made to the affectees.
The court also issued the instruction to the concerned authorities to submit a compliance report within a week.
The bench stated the tower should be demolished by a controlled implosion and no damage should be done to buildings or people near it.
Earlier this month, Nasla Tower residents had been issued a notice to vacate the building by October 27 or face legal action.
The notice was issued on October 12 by an official of the District East after the apex court’s rejection of a review petition that requested the court to take back its order to demolish Nasla Tower.
The order had mentioned that the commissioner has to submit a report on the SC’s instructions and ensure the building is vacated.
“Take notice that you are required to vacate the building ie Nasla Tower within (15) days,”
“In case of failure, necessary proceedings under Section 3 of Sindh Public Property (Removal of Encroachment) Act, 2010 may be initiated against you, or other coercive action may be taken.”
Nasla Tower, a 15-storey residential building located at the intersection of Sharae Faisal and Shahrah-i-Quaideen.
The matter was taken up by a three-member bench, headed by Chief Justice of Pakistan (CJP) Gulzar Ahmed and comprising Justice Ijaz-ul-Ahsan and Justice Qazi Muhammad Amin Ahmed, at the SC’s Karachi registry, where the city commissioner appeared before the court.
The court further instructed the commissioner to ensure that no harm was caused to other buildings and persons in Nasla Tower’s vicinity because of the blast. It also directed the builder of Nasla Tower to refund money to registered buyers of the residential and commercial units, adding that the city commissioner should ensure that the refunds were made.
The court adjourned the hearing of the case until Tuesday (tomorrow).
A three-judge SC bench, led by Chief Justice of Pakistan Gulzar Ahmed, had initially ordered the demolition of the 15-storey building for encroaching on the land meant for a service road on June 16.
Shahrah-e-Faisal.
Issuing a detailed order for the same on June 19, the court had also directed the builders of Nasla Tower to refund the amount to the registered buyers of residential and commercial units within three months.
The court had said in its judgement that “After examining the entire record and scrutinizing the reports submitted by all concerned agencies and departments, we are in no manner of doubt that the tower in question (Nasla Tower) has indeed been constructed on encroached land which amongst other things has also blocked a service road.”
“Being illegal construction and there being no provision for compounding such illegality specially where a service road has been blocked, the same is liable to be demolished,” it had added.
The apex court had also directed the Karachi commissioner to remove all persons from the building and take its possession immediately and initiate and complete the demolition process as expeditiously as possible and submit a report in court.
Shahrah-e-Faisal.
Later, the builder of Nasla Tower had filed a review petition against the June 16 order, which was dismissed by the apex court last month.
Subsequently, the district administration served notices to the residents of Nasla Tower earlier this month, directing them to vacate the 15-storey building by October 27 or face coercive action by relevant authorities.
Other cases
On Monday, the SC bench headed by the CJP also heard the case pertaining to the construction of Tejori Heights, which is being contested on the grounds that the land for the building belongs to the Pakistan Railways (PR).
The lawyer representing Tejori Heights said at the hearing that the court had issued directives for sealing the project in November 2020 and a review petition had been filed against the order. He added that the PR had also filed a civil suit pertaining to the matter in the Sindh High Court.
Commissioner Karachi seeks FWO assistance for Nasla Tower razing
The city commissioner has also written today to the Frontier Works
Organization (FWO) to seek its help in knocking down the illegal Nasla Tower
in compliance with the top court orders that directed the operation within a
week.
In the letter today, Memon has reached out to FWO officials to survey the
site of the illegal tower to consider options of razing it as per court
orders.
The commissioner has asked of FWO to complete its survey report within two
days so it can go forward in pursuance of the Supreme Court orders.
SSGC cuts gas connection of Nasla Tower ahead of demolition plans
The Sui Southern Gas Company (SSGC) on Tuesday cut
utility connections of Nasla Tower residents following the Supreme Court of
Pakistan (SCP) orders to the city authorities of razing the illegal building
within a week.
SSGC alone has cut about 100 gas utility connections in the presence of
Assistance Commissioner Ferozabad.
According to the latest update, the utility connections i.e. water,
electricity and gas, are disconnected from the building in compliance of the
directives by the Karachi Commissioner.
Commissioner Karachi Muhammad Iqbal Memon has convened an urgent huddle to discuss all the possibilities to comply with the top court orders.