The “Justice Experts” postpones considering the Nazlet El-Semman demolitions cases to the session of July 2 for documentation
The tripartite committee formed by the Experts Department of the Ministry of Justice, South Giza, decided today, Tuesday, May 28, 2024, to postpone the consideration of the two cases concerning of the demolitions in the Nazlet El-Semman area in Giza Governorate to July 2nd for documentation.
Previously, the Administrative Court had issued a preliminary ruling referring the Nazlet El-Semman demolition cases to a tripartite committee from the Ministry of Justice’s experts, with a fee of EGP 50,000 for each case, totaling EGP 100,000, which was paid before the hearing on January 1, 2023.
The Administrative 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, demanding the suspension of the decisions regarding the evacuation and demolition of more than 390 properties owned by them.
The lawyers from the Egyptian Center, in cooperation with several other lawyers, insisted, in their capacity as attorneys for the plaintiffs, on recording the defense’s request for the court to move to inspect the Nazlet El-Semman area and to review all demolition operations and other violations of the Expropriation Law for public benefit, in the session minutes. This is in accordance with Article No.131 of the Evidence Law.
The Egyptian Center’s lawyers, along with several other lawyers, 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 regarding their property. The resulting effects include preventing any harm to the plaintiffs’ properties, suspending demolition and temporary expropriation activities.
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 consolidating the two cases and amending the defense’s requests—requested the suspension of the decision due to its effects, including determining whether the properties are subject to the expropriation decision for public benefit, informing the plaintiff of the development plan for the Nazlet El-Semman area and its implications, including preventing demolition or expropriation of the properties until the nature of the decision is determined and the compensation due for the demolition is assessed according to the Expropriation Law and the available housing alternatives, and the consequent effects.
The plaintiffs also 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 to reach the best development proposals that balance between developing the area and allowing the residents to remain, with the resulting effects, and obligating the defendants to pay the expenses and attorney’s fees for this aspect.
It is noted that the initiation of the demolition of these properties was not accompanied by expropriation decisions and the determination of alternatives, except for providing one evicted property owner with a residential unit (usufruct right), despite their ownership of the demolished property. According to the Giza Governorate’s plan, it is targeted to relocate 4800 families from Nazlet El-Semman. It is worth mentioning that, so far, the legal strategy of the center’s team in handling this case has succeeded in halting the evacuation or demolition of properties in this residential area entirely, granting the residents and occupants better opportunities to negotiate their due compensations and alternatives. The court’s decision to appoint an expert in this type of case is a legal advancement compared to other cases worked on by other legal institutions and teams, such as the Nasr City and Almaza cases.
