SC orders sale of Nasla Tower land to compensate affected owners

KARACHI: The Supreme Court (SC) on Thursday ordered the authorities concerned to sell the land of Nasla Tower — a multi-storey residential complex in Karachi razed on the directives of former chief justice Gulzar Ahmed in 2021 — to compensate the affected owners.

Separately, Chief Justice of Pakistan (CJP) Qazi Faez Isa, heading a three-member bench, also ordered for removing barriers from outside various buildings, including Sindh Rangers headquarters, Chief Minister House and Governor House and present a report within three days.

“No one is allowed to obstruct the free movement of people [...] Blocking roads and creating obstacles is illegal,” CJP Isa said.

The top judge’s remarks came as he led a three-member bench, comprising Justice Naeem Akhtar Afghan and Justice Jamal Khan Mandokhail, during the hearing of multiple cases including those relating to encroachment and Nasla Tower at the SC Karachi Registry.

At the outset of the hearing, the chief justice underscored that the federal and provincial governments themselves were encroaching lands and directed the authorities to “clear” the roads.The apex court ordered the attorney general to inform the federal government, and directed the authorities concerned to send a copy of the court order to all relevant institutions, including those related to security.

“The expenses related to the removal of encroachments should also be collected from the encroachers,” CJP Isa said.Responding to the argument that barricades were raised due to security concerns, the top judge remarked: “The public continues to be attacked [but] you get to remain safe? What kind of law is this?”

“If you feel too scared, go and sit in a remote area,” he said while directing the authorities to abstain from blocking the roads on the pretext of security.“Why don’t you remove encroachments in front of [Sindh] Rangers headquarters?” the CJP said while questioning the law under which Jinnah Court premises were handed over to the Rangers.

“Place the [security] containers inside the Governor House. Why do you put it outside?” the top judge said stressing that encroachments should be removed even if they were within the premises of the apex court itself.

The hearing was then adjourned till Friday (today).Separately, the apex court also directed the authorities concerned to sell the Nasla Tower land and compensate the affected people.

The top court headed by then CJP Ahmed had ordered the demolition of the 15-storey residential complex, located at the junction of Sharea Faisal and Shahrae Quaideen, in June 2021 because the structure was constructed illegally.

Back then, the court had directed the builder to refund money to the affected owners of the residential and commercial units within three months.Subsequently the apex court then also rejected a petition for review of its decision of the building’s demolition.

During the hearing on Thursday, the counsel representing the Nasla Tower affectees told the court that the builder of the residential complex had in fact died leaving his clients in limbo. To this, the court directed the affected people to approach the official assignee with the relevant ownership documents.

Directing the authorities to submit a report on the market value of Nasla Tower land, the court further ordered the publication of an advertisement for the sale of the land followed by the submission of a report of the auction bid as well

The court also sought a detailed report of a plot located adjacent to the now-demolished Nasla Tower along with the details of the builder’s heirs.Issuing notice to the Sindhi Muslim Cooperative Society, the court adjourned the hearing and gave one month time to the relevant authorities to submit their response in the said case.