Local authorities in various cities are launching intense campaigns to liberate public property on the alley and avenue ranges from distributors, café house owners, and others, compelled to make use of drive through bulldozers to demolish all the things constructed on property that’s completely owned by the state.
These campaigns, which had been initiated by the authorities within the cities of Guelmim, Marrakesh, Safi and Settat, weren’t with out refusal from these involved to adjust to the choices that had been taken in opposition to them, together with retailers, craftsmen, and café house owners, at a time when reward continued to accompany these campaigns for “empowering residents from public property that was beforehand He went occupied.”
In distinction, these campaigns wouldn’t have glad a number of the activists, as they thought of that the problem of liberating the general public area “requires steady and everlasting work,” as an alternative of “sudden and momentary campaigns that don’t final lengthy earlier than the general public area returns to the embrace of personal possession once more.” Thus, elevating questions on “the origin of the issue and the way the native authorities are demolishing buildings that also bear witness to their development, or whose members contributed to this in violation of the legislation.”
In his touch upon the problem, Abdel Aziz Khalil, a authorized knowledgeable, stated, “It is thought within the authorized literature that public property can’t be topic to alienation or everlasting exploitation besides below a authorized doc that meets the authorized controls associated to renting and exploiting public property. However, practical justifications are being discovered.” Economic and financial components exacerbate the phenomenon of occupation of public property, comparable to unemployment and poverty, regardless of its blatant contradiction with the legislation.”
Khalil added, in an announcement to Hespress, that “usually there may be greed in exploiting public property by the house owners of cafés, eating places, and outlets, to the purpose of fencing this property, in a transparent indication of its possession with out authorized help or proper,” noting that “ The interference of the native authority from the authorized perspective is evident as a result of it has the jurisdiction to return this public house to its authorized state by eradicating what was erected or constructed above it.”
The identical spokesman acknowledged that “the authority’s intervention to liberate the general public property takes place by means of binding authorized procedures, together with warning the occupier and giving him a deadline, after which transferring on to intervene by drive to take away the occupation of the general public property,” highlighting that “the argument is that the authorities didn’t intervene to stop this occupation from the start.” It stays and not using a authorized foundation, because the depend is from the date of its information of this occupation and its implementation of the method of liberating public property.”
The identical authorized knowledgeable once more emphasised the need of “getting ready a complete strategy with a regional and native dimension that takes under consideration the financial and social specificities of every area, with the intention to apply the legislation correctly, however fairly to use the spirit of the legislation and transcend its inflexible textual content, on condition that this phenomenon stays a product of structural components.”
For his half, Abdel Rahim Al-Allam, professor of public legislation at Cadi Ayyad University in Marrakesh, stated: “It is pure that there’s resistance to the appliance of the legislation by teams who’re involved with the choices to liberate the general public area. “It is principally a matter of their want to maintain issues as they’re, even if they’re violating the legislation on this regard.”
Al-Allam, who spoke to Hespress, defined that “the state is known as upon to implement the legislation comprehensively and never simply restrict it to circumstances that concern slim alleys and streets, as a result of there are occupied public seashores and personal buildings constructed on public property,” mentioning that “implementing the legislation strictly and customarily will push again what will not be Do not doubt it, respect it and obey its texts.”
The speaker returned to file that “the liberation of public property have to be complete and have an effect on numerous teams, together with these with affect if they’re confirmed to have contributed to the occupation of actual property property that belongs to the state.” The matter right here is extra like a sequential and overlapping course of that doesn’t settle for any exception if there’s a want to realize effectiveness.”
In response to a query concerning the demolition of services whose development the authority continues to witness, the identical college professor acknowledged, “The citizen stays required to bear full duty for what occurred, particularly if he provided a bribe or requested services from any social gathering of the authority on this regard, whether or not this social gathering represents the authority.” He nonetheless maintains his place or has been moved.”