Evictions in Nazlet El-Semman: Justice Experts to Conduct On-Site Inspection on August 15
The tripartite committee formed by the Ministry of Justice’s Expert Authority – South Giza Experts Sector – has scheduled a visit to inspect the Nazlet El-Semman area in Giza Governorate on Thursday, August 15, 2024. This inspection will cover the homes that were demolished and the current situation on the ground, pertaining to the lawsuits related to the evictions in Nazlet El-Semman. The visit was initially planned for Tuesday, July 30.
The Administrative Court had issued a preliminary ruling to refer the two lawsuits concerning the evictions in Nazlet El-Semman to a tripartite committee of experts from the Ministry of Justice, with a fee of EGP 50,000 for each case, totaling EGP 100,000, which was paid before the session on January 1, 2023.
The court had decided to reserve the two cases, filed by property owners and occupants in Nazlet El-Semman, registered under numbers 3176 for the year 76 and 19981 for the year 76, which demanded the suspension of decisions concerning the evacuation and demolition of more than 390 properties owned by them.
Lawyers from the Egyptian Center, in collaboration with Khaled Ali Law Firm and a number of other attorneys, representing the plaintiffs, insisted on recording the defense’s request for the court to conduct an on-site inspection of the Nazlet El-Semman area. This request aimed to document all demolition operations and any violations of the Law on Expropriation for Public Benefit in the session minutes, in accordance with Article 131 of the Evidence Law.
The defense team, on behalf of the property owners and occupants in Nazlet El-Semman, had initially filed a lawsuit requesting the suspension of the negative decision to refrain from informing the plaintiff about the nature and type of decision regarding their property. This had resulted in significant consequences, including preventing any interference with the plaintiffs’ properties and halting demolition and temporary seizure activities.
Following the issuance of the demolition decision based on Expropriation Law No. 3503 of 2021, issued by the Prime Minister, the plaintiffs filed a new lawsuit – prior to the consolidation of the two cases and the amendment of the defense’s requests – demanding the suspension of the decision due to its significant implications. This includes clarifying whether the properties are subject to the expropriation decision for public benefit, informing the plaintiff of the Nazlet El-Semman area’s development plan, and the consequent effects, such as preventing property demolition or removal until the nature of the decision and the compensation amount due to the demolition are determined, according to the Expropriation Law and the available housing alternatives.
Moreover, the plaintiffs requested the suspension of the negative decision to refrain from holding a community dialogue with the residents of Nazlet El-Semman, including the plaintiffs, to present and discuss the proposed development projects with them. The aim was to reach the best development proposals that balance the area’s development and their continued residence, with the court ordering the defendants to pay the expenses and attorney’s fees for this part of the case.
It is noteworthy that the commencement of these property demolitions was not accompanied by expropriation decisions and the determination of alternatives, except for the allocation of a residential unit (usufruct) to one of the demolished property owners, despite their ownership of the demolished property. According to the Giza Governorate’s plan, 4,800 families are targeted for relocation from Nazlet El-Semman. It is significant to note that the Egyptian Center’s legal team’s strategy in handling this case successfully halted the evacuation or demolition of properties in this residential area, providing residents and property occupants better opportunities to negotiate their due compensation and alternatives. The court’s decision to appoint an expert in such lawsuits represents a legal advancement compared to other cases handled by different legal institutions and teams, such as those in Nasr City and Almaza.