نسلہ ٹاور کی مسماری کے سپریم کورٹ احکامات سے  متعلق آئینی عدالت کا بڑا فیصلہ

**Pakistan's Supreme Court Orders Revoked in Major Constitutional Court Ruling**

In a landmark decision, Pakistan's Federal Constitutional Court has overturned the Supreme Court's 2018 and 2019 orders that led to the demolition of the Nusrat Tower, a key case that has sparked heated debates about the limits of judicial power and the role of the judiciary in regulating urban development.

Background & Context

The Nusrat Tower case has been a contentious issue in Pakistan for years, with the Supreme Court's orders in 2018 and 2019 sparking widespread protests and criticism from civil society groups and urban planners. The tower, located in the heart of Karachi, was deemed to be a "monstrosity" by the Supreme Court, which ordered its demolition on the grounds that it was a "threat to public safety and health."

However, the decision sparked outrage among Karachi's residents and business owners, who argued that the tower was a symbol of the city's resilience and entrepreneurial spirit. The controversy surrounding the Nusrat Tower has also highlighted the need for a more nuanced understanding of the role of the judiciary in regulating urban development and the limits of judicial power.

Key Details

The Federal Constitutional Court's decision to revoke the Supreme Court's orders has significant implications for the future of urban development in Pakistan. According to the court's ruling, the authority to regulate illegal constructions lies primarily with the provincial government, not the judiciary. The court also emphasized the importance of adhering to the principles of due process and the rule of law in all cases involving the demolition of buildings.

The court's ruling also highlighted the need for a more effective and efficient system of urban planning and regulation, which would enable the government to address the issue of illegal constructions in a more comprehensive and sustainable manner. The court noted that the provincial government and relevant authorities are already bound by the law to regulate and address the issue of illegal constructions.

In an additional note, Justice Syed Arshad Hussain Shah emphasized the importance of protecting the fundamental rights of citizens and public amenities. He noted that it is the state's primary responsibility to safeguard the basic rights of citizens and maintain public amenities such as parks, playgrounds, green belts, footpaths, beaches, and other public places from unauthorized occupations and changes.

What Experts Say

According to urban planners and experts, the Federal Constitutional Court's decision is a significant step towards establishing a more nuanced understanding of the role of the judiciary in regulating urban development. The decision highlights the need for a more comprehensive and sustainable approach to urban planning and regulation, which would enable the government to address the issue of illegal constructions in a more effective and efficient manner.

Experts also note that the decision is a significant victory for the people of Karachi, who have long argued that the Nusrat Tower was a symbol of the city's resilience and entrepreneurial spirit. The decision also underscores the importance of upholding the principles of due process and the rule of law in all cases involving the demolition of buildings.

Key Takeaways

• The Federal Constitutional Court has revoked the Supreme Court's 2018 and 2019 orders that led to the demolition of the Nusrat Tower.
• The authority to regulate illegal constructions lies primarily with the provincial government, not the judiciary.
• The court emphasized the importance of adhering to the principles of due process and the rule of law in all cases involving the demolition of buildings.
• The decision highlights the need for a more effective and efficient system of urban planning and regulation.

What This Means For You

For ordinary citizens, the decision means that the Nusrat Tower will no longer be demolished, and the controversy surrounding the building will finally be laid to rest. However, the decision also highlights the need for a more comprehensive and sustainable approach to urban planning and regulation, which would enable the government to address the issue of illegal constructions in a more effective and efficient manner.

The decision also underscores the importance of upholding the principles of due process and the rule of law in all cases involving the demolition of buildings. It serves as a reminder that the state has a primary responsibility to safeguard the basic rights of citizens and maintain public amenities from unauthorized occupations and changes.