Review of Justice Experts’ Examination of Nazlet El-Semman Development Project Maps at the Egyptian Survey Authority

On Tuesday, August 27, 2024, the tripartite committee, formed by the Experts Department of the Ministry of Justice’s South Giza Sector, visited the headquarters of the Egyptian Survey Authority. Lawyers from the Egyptian Center, the law office of Mr. Khaled Ali, and representatives of the plaintiffs from the Nazlet El-Semman area were present. The visit aimed to examine the survey maps of the Nazlet El-Semman area in Giza Governorate in connection with a case concerning the evictions.

The visit focused on clarifying the nature of the proposed project, the area of land allocated for it, identifying the houses that were demolished, and listing the names of the owners whose homes were demolished prior to the issuance of the expropriation decree for public benefit.

Upon review, the committee noted that the Egyptian Survey Authority had received a map (known as a ”Form”) from the Giza Governorate, covering plots 126, 88, and 99, with a total area of 10 feddans and 6 karats, excluding the streets and state-owned lands where mosques are located. The numbers of the houses scheduled for demolition were determined according to this map, under the title ”Nazlet El-Semman Development Project.”

However, the committee discovered that the Project Management Office had marked the areas of the houses on the map using a pencil without conducting an actual land survey, resulting in inaccurate and significantly smaller recorded areas compared to the real sizes of the houses, according to the testimonies of some owners.

Moreover, the committee documented the names  of 174 homeowners whose houses were demolished in July 2021, prior to the issuance of the expropriation decree in December of the same year. The committee decided to conclude its mission today to focus on drafting its report on the case.

It is worth noting that the Administrative Court had issued a preliminary ruling referring the two Nazlet El-Semman eviction lawsuits to a tripartite committee of Ministry of Justice experts, with a financial deposit of EGP 50,000 for each case, which was paid before the session on January 1, 2023. The court had decided to reserve the two lawsuits filed by the owners and residents of properties in Nazlet El-Semman, demanding the suspension of the implementation of the decisions to evacuate and demolish more than 390 properties owned by them.

The lawyers from the Egyptian Center, in cooperation with Mr. Khaled Ali’s office and other attorneys, insisted on the necessity of the court appointing an expert to inspect the Nazlet El-Semman area and review the evictions that had taken place there, highlighting the resulting violations of the Expropriation Law for Public Benefit.

The defense team also filed a lawsuit to suspend the negative decision regarding the plaintiffs’ notification of the nature of the decision issued concerning their properties, and to halt the demolition and temporary seizure operations. The plaintiffs requested a stay of the demolition decision based on Expropriation Law No. 3503 of 2021, to determine whether the properties were subject to the expropriation decree, and to be informed of the area’s development plan.

Additionally, the plaintiffs sought to suspend the negative decision related to the refusal to hold a community dialogue with the residents of Nazlet El-Semman to discuss the proposed development projects, and to obligate the defendants to cover the expenses and attorneys’ fees.

It should be noted that the demolition of the properties was not accompanied by expropriation decrees or the identification of alternatives, except for the allocation of a housing unit (usufruct) to one of the owners of a demolished property, despite his ownership of the demolished building. According to the Giza Governorate’s plan, the relocation of 4,800 families from Nazlet El-Semman is targeted.

The legal team successfully halted the evacuation or demolition of all properties in the area, providing the residents with a better opportunity to negotiate satisfactory compensation and alternatives.

The court’s decision to appoint an expert in this type of case is a significant legal development, as it allows for an accurate and independent assessment of the survey maps and the actual areas of the properties, contributing to the protection of property owners’ rights and ensuring that any actions taken comply with legal standards and provide fair compensation.