In the Case of Demolitions: A New Committee of Experts from the Ministry of Justice Inspects Nazlet El-Samman
A new tripartite committee formed by the Ministry of Justice’s Experts Authority – South Giza Experts Sector – visited Nazlet El-Samman today, Saturday, September 14, 2024. The visit was conducted in the presence of lawyers from the Egyptian Center, lawyers from the office of Mr. Khaled Ali for Legal Advocacy and Consultancy “Defense,” Mr. Hassan Khattab, a lawyer for Nazlet El-Samman, and representatives of the plaintiffs from the Nazlet El-Samman area in Giza Governorate. The committee aimed to inspect the Nazlet El-Samman area, examine the houses that were demolished, and assess the situation on the ground before the issuance of an expropriation decision for public utility, as part of the second lawsuit concerning the area’s demolitions.
The committee inspected the Nazlet El-Samman area according to the survey maps, including the property of the plaintiff and several properties of those who joined the lawsuit from the residents of Nazlet El-Samman. In its report, the committee documented the symbols registered on the properties connected with the demolition inventory, as well as recorded the details of the properties that have already been demolished. A large number of local residents and owners of the demolished properties were present during the inspection.
The initial tripartite committee, in the first lawsuit, had visited the Egyptian Survey Authority’s headquarters on Tuesday, August 27, 2024, in the presence of lawyers from the Egyptian Center, lawyers from the office of Mr. Khaled Ali for Legal Advocacy and Consultancy “Defense,” and representatives of the plaintiffs from Nazlet El-Samman. The purpose of the visit was to review the survey maps of the Nazlet El-Samman area in Giza Governorate.
The visit focused on clarifying the nature of the project intended to be established, the area allocated for it, identifying the houses that were demolished, and compiling a list of the names of the property owners whose homes were demolished before the issuance of the expropriation decision for public utility.
After the review, the committee clarified that the Egyptian Survey Authority received a map (Ornac) from the Giza Governorate, which included plots 126, 88, and 99, with a total area of 10 feddans and 6 carats, excluding the areas of streets and state-owned lands on which mosques are built. The map outlined the house numbers scheduled for demolition under the project named the “Nazlet El-Samman Area Development Project.”
However, the committee discovered that the Project Management Department determined the areas of the houses on the map using pencil marks without conducting an actual survey, leading to inaccurate and significantly smaller recorded areas compared to the actual sizes of the houses, according to the testimonies of some owners.
The committee also documented the names of 174 owners of houses that were demolished in July 2021, before the issuance of the expropriation decision in December of the same year. The committee decided to conclude its task today to focus on preparing its report on the case.
It is noteworthy that the Administrative Judiciary Court issued a preliminary ruling referring the two Nazlet El-Samman demolition lawsuits to a tripartite committee of experts from the Ministry of Justice, with a financial deposit of 50,000 Egyptian pounds for each lawsuit, which was paid before the session on January 1, 2023. The court had previously decided to reserve the two lawsuits filed by the owners and occupants of the properties in Nazlet El-Samman, seeking to halt the implementation of decisions to evacuate and demolish more than 390 properties owned by them.
The lawyers from the Egyptian Center, in cooperation with the office of Mr. Khaled Ali and several lawyers, insisted on the necessity of appointing a court to inspect the Nazlet El-Samman area, review the demolitions that took place, and examine any violations of the Expropriation Law for public utility.
The defense team also filed a lawsuit to halt the execution of the negative decision related to notifying the plaintiffs about the nature of the decision issued regarding their properties, and to stop the demolition and temporary seizure operations. The plaintiffs demanded the suspension of the demolition decision based on Expropriation Law No. 3503 of 2021, to determine whether the properties are subject to the expropriation decision and to be informed about the development plan for the area.
Additionally, the plaintiffs demanded the suspension of the negative decision related to the failure to conduct a community dialogue with the residents of Nazlet El-Samman to discuss the proposed development projects, with an order for the respondents to bear the expenses and attorney fees.
It is worth mentioning that the demolition of properties was not accompanied by the issuance of expropriation decisions or determination of alternatives, except for providing a residential unit (usufruct) to one of the property owners whose property was demolished, despite owning the demolished property. According to the Giza Governorate plan, the target is to relocate 4,800 families from Nazlet El-Samman.
The legal team succeeded in halting the evacuation or demolition of properties in the area entirely, giving the residents a better opportunity to negotiate for satisfactory compensation and alternatives.
The court’s decision to appoint an expert in this type of case represents a significant legal advancement, as this appointment allows for an accurate and independent assessment of the survey maps and the actual sizes of the properties. This contributes to ensuring the rights of the owners and confirming that any actions taken align with legal standards and provide fair compensation.
