SC orders to demolish Nasla Tower in a week

Observer Report

The Supreme Court directed the Karachi commissioner on Monday to demolish Nasla Tower, a 15-storey residential building located at the intersection of Sharae Faisal and Shahrah-i-Quaideen, through “controlled blasting” within a week and submit a report.

The matter was taken up by a three-member bench, headed by Chief Justice of Pakistan 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 Supreme Court directed Monday theKarachi 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 the 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 i.e. Nasla Tower within 15 days,” read the notice.

“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.”

The Supreme Court also vacated a stay order issued by the Sindh High Court in a case related to the encroachments on Gujjar, Orangi and Mehmoodabad nullahs.

The court ordered the administration to remove all encroachments along these nullahs.

The bench was hearing the case at the apex court’s Karachi Registry in reference to the removal of encroachments from Gujjar, Orangi and Mehmoodabad nullahs in the city.

The court also ordered that all houses and commercial structures made on fake leases must be demolished in the port city.

Expressing its frustration at the non-compliance with its earlier order to demolish Nasla Tower, the court said no concession would be given.

The apex court had ordered the demolition of Nasla Tower in June and upheld the decision in a review petition filed in September.

“Demolish the towers and commissioner Karachi should start work of removing the debris,” the court remarked.

The court adjourned the hearing of the case until Tuesday.
“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.

In another case, the court directed the KDA director general to rehabilitate a playground, which was inundated by sewerage water and filled with garbage, in New Karachi’s sector 5-D.

“Plant trees and install new furniture [there],” the court ordered, while directing the Karachi commissioner and KDA DG to take the said measures at the earliest and submit a report along with pictures within a month.

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