A New Round of “Nazlet El-Samman Evictions”: Justice Experts to Inspect the Area on July 30th
The tripartite committee formed by the Experts Department of the Ministry of Justice – South Giza Experts Sector – has scheduled 30th, 2024 to conduct an on-site inspection of the Nazlet El-Samman area in Giza Governorate, including the homes that were subject to demolition, in relation to the eviction lawsuits of the Nazlet El-Samman area.
The Administrative Court had previously issued a preliminary judgment referring the two Nazlet El-Samman eviction lawsuits to a tripartite committee of experts from the Ministry of Justice, with a deposit of EGP 50,000 for each lawsuit, totaling EGP 100,000 for both lawsuits, which was paid before the session on January 1st, 2023.
The Administrative Court had reserved the two lawsuits, filed by the owners and occupants of properties in the Nazlet El-Samman area, registered under numbers 3176 for the year 76 and 19981 for the judicial year 76, which requested the suspension of the decisions issued regarding the eviction and demolition of more than 390 properties owned by them.
Previously, the Egyptian Center’s lawyers, in collaboration with other attorneys, insisted, in their capacity as representatives of the plaintiffs, on recording the defense’s request for the court to inspect the Nazlet El-Samman area, review all the demolition operations carried out, and other violations of the Expropriation Law for Public Utility in the session minutes, in accordance with Article 131 of the Evidence Law.
The lawyers of the Egyptian Center, in cooperation with other attorneys, had filed a primary lawsuit on behalf of the owners and occupants of properties in “Nazlet,” requesting the suspension of the negative decision to refrain from notifying the plaintiff of the nature and type of the decision issued regarding their property. The consequences of this included preventing interference with the appellants in the properties they own and reside in, and halting the demolition and temporary seizure operations.
When the demolition decision, based on Expropriation Law No. 3503 of 2021 issued by the Prime Minister, was issued, the plaintiffs, in a recent lawsuit before the consolidation of the two lawsuits and the amendment of the defense’s requests, requested the suspension of the decision. The consequences of this included determining whether the properties were subject to the expropriation decision for public utility, informing the plaintiff about the Nazlet El-Samman development plan, and the actions to be taken, including preventing interference with the properties through demolition or removal until the nature of the decision is determined, and the amount of compensation due to demolition, according to the provisions of the Expropriation Law for Public Utility and the available alternative housing, with the consequences of this.
The plaintiffs also requested the suspension of the negative decision to refrain from holding a community dialogue with the residents of Nazlet El-Samman, including the plaintiffs, to present and discuss the proposed development projects with them to reach the best development proposals that balance developing the area and keeping them in it, with the consequences of this. They also requested the respondents be ordered to pay the costs and attorney fees for this part.
It is noted that the initiation of the demolition of these properties was not accompanied by the issuance of expropriation decisions and the determination of alternatives, except for providing one of those whose properties were demolished with a residential unit (usufruct) despite their ownership of the demolished property. According to the Giza Governorate’s plan, it is targeted to relocate 4,800 families from Nazlet El-Samman. Notably, the legal team’s strategy at the Center in handling this case has successfully halted the evacuation or demolition of these residential properties entirely, providing the residents and occupants better opportunities to negotiate their due compensations and alternatives. Additionally, the court’s decision to appoint an expert in this type of lawsuit represents legal progress compared to other cases handled by other legal institutions and teams, such as the Nasr City and Almaza cases.
