The Case of Evictions and Expropriation: Justice Experts Conduct On-Site Inspection in Nazlet El-Semman & Receive the Complaints of Residents
On Thursday, August 15, 2024, the tripartite committee formed by the Experts Authority of the Ministry of Justice—South Giza Experts Sector—conducted an on-site inspection of the Nazlet El-Semman area in Giza Governorate, in the presence of lawyers from the Egyptian Center and attorney Khaled Ali. The inspection focused on the area and the homes that had been demolished, to assess the situation on the ground before issuing an expropriation decision for public benefit related to one of the lawsuits concerning the evictions in Nazlet El-Semman.
The committee’s inspection was conducted according to cadastral maps, including the property of the plaintiff and several other properties belonging to those who intervened as co-litigants from Nazlet El-Semman. In its report, the committee documented the markers recorded on properties related to the demolition process and registered details of the properties that had already been demolished.
A large number of local residents and owners of the demolished properties were present during the inspection. They described the daily hardships they face, including the lack of essential services in the relocation units to which they have been moved, despite their obligation to pay a monthly usufruct fee. The absence of basic living necessities compels them to return daily to Nazlet El-Semman, whether for work or to meet their daily needs.
The Administrative Court had previously issued a preliminary ruling referring the two cases concerning the demolition of Nazlet El-Semman to a tripartite committee of experts from the Ministry of Justice, with a fee of 50,000 EGP for each case, totaling 100,000 EGP, which was paid before the January 1, 2023, session.
Moreover, the court had decided to reserve the two cases filed by the owners and occupants of properties in the Nazlet El-Semman area in Giza Governorate, registered under numbers 3176/76 and 19981/76, which sought to suspend the implementation of decisions to vacate and demolish over 390 properties owned by them.
Previously, lawyers from the Egyptian Center, in collaboration with Khaled Ali Law Office “Defense” and 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 and review all demolition activities that had taken place, as well as any violations of the Expropriation for Public Benefit Law, in the session minutes. This was done in accordance with Article 131 of the Evidence Law.
The defense team, representing the owners and occupants of properties in Nazlet El-Semman, initially filed a lawsuit seeking to suspend the negative decision not to notify the plaintiffs of the nature and details of the decision issued concerning their properties. The failure to do so had several consequences, including protecting the plaintiffs from any actions against the properties they own and reside in, and suspending any demolition or temporary expropriation activities.
When the demolition decision, issued under Expropriation Law No. 3503 of 2021 by the Prime Minister, was implemented, the plaintiffs filed a new lawsuit—prior to the consolidation of the two cases and the modification of the defense’s requests—seeking to suspend the decision. The plaintiffs sought to determine whether the properties were subject to the expropriation decision for public benefit and to be informed of the development plan for the Nazlet El-Semman area and its implications. This included preventing the demolition or expropriation of the properties until the nature of the decision was clarified, and assessing the compensation due for the demolition in accordance with the Expropriation for Public Benefit Law and the availability of alternative housing, along with the resulting consequences.
Furthermore, the plaintiffs sought to suspend the negative decision to refuse to hold a community dialogue with the residents of Nazlet El-Semman, including the plaintiffs, to present and discuss the proposed development projects with them, aiming to reach the best development proposals that would balance the area’s development with the residents’ continued presence. The plaintiffs requested that the defendants be ordered to pay the costs and attorney’s fees for this aspect of the case.
It is noteworthy that the initiation of the demolition of these properties was not accompanied by the issuance of expropriation decisions or the determination of alternative housing, except for granting one of the individuals whose property was demolished a residential unit (usufruct), despite their ownership of the demolished property. According to Giza Governorate’s plan, 4,800 families from Nazlet El-Semman are slated for relocation. Notably, the legal strategy employed by the Egyptian Center in handling this case has so far successfully halted the evacuation or demolition of properties in this residential area, providing the residents and occupants with a stronger negotiating position regarding the compensation and alternatives to which they are entitled. The court’s decision to appoint an expert in this type of case represents significant legal progress compared to other cases handled by different legal teams and institutions, such as those in Nasr City and Almaza.
