HH Dr Sheikh Sultan bin Muhammad Al Qasimi, Supreme Council Member and Ruler of Sharjah, today (May 10) issued a decree on the expropriation of real estate for the public benefit in the Emirate of Sharjah.
The new decree-law stipulates that property may not be expropriated except in the public interest and in exchange for fair compensation; in accordance with the law's provisions.
The decree, in line with the public interest law in the emirate, has specified the following:
*Urban planning, rehabilitation and replacement projects.
*Establishing or developing public projects, infrastructure, public and service facilities, government buildings, etc.
*Establishing natural reserves and pastoral areas.
*Positioning and protecting the physical cultural heritage sites.
*Expropriating the surrounding or adjacent properties that negatively affect public projects, infrastructure, public and service facilities, government buildings, etc, or on expropriated properties, in terms of achieving the public benefit, urban form, appearance, area, improvement, or required development.
*Achieving security, serenity, health and public morals.
As per Article (4) of the Decree-Law, the Compensation Commission and the Appeals Commission are to be established , and follow the Department of Town Planning and Survey. The Commissions enjoy certain competences and jurisdiction.
The Compensation Commission shall be formed of a Chairman, Vice- Chairman and a sufficient number of members to be named by a decision of the Sharjah Executive Council (SEC). The Appeals Commission shall be formed by a decision of the Sharjah Executive Council.
Article No. (7) of the Decree-Law has further stipulated that it is not permissible to combine the membership of any of the committees referred to in Article No. (4) of this law. The Decree-Law specifies the procedures for expropriating the real estate.
The expropriation of real estate for the public benefit shall be implemented by a decision of the Sharjah Executive Council or its delegates , upon the proposal of the Chairman of the Department of Town Planning and Survey (DTPS).