27 Kabwe res­i­dents sue coun­cil over piece of land

Daily Nation Newspaper - - HOME NEWS DAILY NATION -

By CHINTU MALAMBO FOR­MER Lwangwa ward coun­cil­lor Bernard Chisanga and 26 oth­ers have dragged Kabwe Mu­nic­i­pal coun­cil to court de­mand­ing a re­strain­ing or­der that the plots it in­tends to turn into a tran­sit bus stop be­long to them.

The ap­pli­cants have also de­manded dam­ages for un­law­ful oc­cu­pa­tion and de­vel­op­ment of their plots at Tushane Com­plex op­po­site the new shop­ping mall along the along Great North Road.

They are also seek­ing an or­der of in­terim in­junc­tion re­strain­ing the coun­cil from clear­ing, de­vel­op­ing, leas­ing, ad­ver­tis­ing or sell­ing the plots un­til fi­nal de­ter­mi­na­tion of the mat­ter.

They claimed that the coun­cil had been ar­ro­gant and threat­ened to con­tinue with the con­struc­tion of a bus sta­tion on their com­mer­cial plots with­out com­pen­sa­tion.

In a state­ment of claim filed in the Lusaka High Court, the ap­pli­cants in­di­cated that in 2014, the Coun­cil ad­ver­tised com­mer­cial plots to which they re­sponded and were suc­cess­ful ap­pli­cants.

They sub­mit­ted that they paid ac­cep­tance of of­fer charges and de­vel­op­ment charges and were al­lowed to start de­vel­op­ing the said plots.

It was al­leged that the coun­cil later started de­vel­op­ing the plots with­out re­gard to the pro­ce­dure for re­pos­ses­sion or ad­e­quate com­pen­sa­tion of the said plots.

“The coun­cil how­ever, started de­vel­op­ing the area into a tran­sit bus sta­tion with­out no­ti­fi­ca­tion nor cor­re­spon­dence to the ef­fect that they in­tended to re­pos­sess the said land.

“In­quiries into why the slabs and devel­op­ments we had put were erased us­ing graders, we were in­formed that the coun­cil had started de­vel­op­ing the land into a tran­sit bus sta­tion,” they sub­mit­ted.

The ap­pli­cants how­ever, said that un­til they were com­pen­sated ad­e­quately or un­til they con­sent to the land be­ing re­pos­sessed from them, the pro­ce­dure for re-en­try and re­pos­ses­sion had nei­ther been done nor com­pen­sa­tion­for their land.

They claimed that the town clerk and the mayor had been su­per­vis­ing graders clear­ing the said plots and that the amount of in­ter­est from the two of­fi­cers had caused anx­i­ety among the ap­pli­cants.

Sub­se­quently, the ap­pli­cants will aver dur­ing trial that once land had been granted to any suc­cess­ful ap­pli­cant, the coun­cil had no power, au­thor­ity or right to re­voke the said grant with­out fol­low­ing the pro­ce­dure laid down in the Lands Act, Lands Cir­cu­lar of 1985 and Ar­ti­cle 16 of the Con­sti­tu­tion.

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