FCC allows commercial use of residential properties in Karachi

ISLAMABAD: The Federal Constitutional Court (FCC) on Tuesday lifted the ban on the conversion of residential plots for commercial and recreational use in Karachi, providing major relief to builders and developers.

A bench headed by Justice Aamer Farooq disposed of the long-running case regarding illegal constructions in Karachi and withdrew earlier restrictions on changing the category of residential plots to commercial use.

However, the court clarified that amenity plots, including parks, hospitals, schools, mosques, playgrounds, and graveyards, cannot be converted for commercial or residential purposes.

During the hearing, Justice Aamer Farooq remarked that the court would not interfere in the functioning of institutions such as the Sindh Building Control Authority (SBCA).

“If any institution violates the law, the relevant forum or the high court can be approached,” Justice Farooq observed, adding that affected parties also have the right to file appeals against high court decisions.

The judge further noted that the court’s suo motu powers no longer exist and emphasized that laws are already in place to address violations of building regulations.

“We expect town planning institutions to work in good faith,” he said.

The court also observed that the Supreme Court’s earlier ruling on plot category conversions would not obstruct the functioning of relevant authorities.

Justice Arshad Hussain remarked that any official found violating the law would face legal action.

“Courts cannot make laws; they can only ensure their implementation,” Justice Aamer Farooq added.

Read More: SBCA withdraws notification legalising commercial activities on residential plots in Karachi

Notably, last year, the Sindh Building Control Authority had withdrawn a notification that permitted commercial activities on residential plots.

The Sindh High Court had heard a petition filed by Jamaat-e-Islami Karachi challenging the Sindh government’s move to legalize the commercial use of residential plots.

During those proceedings, SBCA Director General Ishaq Khoro informed the court that the March 13 notification allowing such activities had been withdrawn.

Following the submission, the Sindh High Court disposed of the petition.

The petition had been filed by City Council opposition leader Saifuddin Advocate along with nine town chairmen.

Saifuddin Advocate welcomed the development at the time, calling it a victory for Karachi’s residents and alleging that allowing commercial activities on residential plots was part of a conspiracy to damage the city.