Committee backs govt power to reclaim council land with compensation

A parliamentary committee has approved amendments to the Decentralisation Act that would allow the government to repossess land and property under the jurisdiction of island and city councils for state development projects, with compensation required where investments have been made.

Parliament’s Decentralisation Committee held an emergency meeting on Monday night to consider the bill submitted by independent Thulhaadhoo MP Abdul Hannan Aboobakr.

During the meeting, PNC MP for North Henveiru Ahmed Aifan proposed amendments requiring compensation when the government takes over land or property in which a council or third party has invested.

The amendments were passed by a majority of committee members.

Under the proposal, the Ministry of Finance would be responsible for submitting the compensation amount.

The proposed provision to be added after Section 56-2(l) of the Decentralisation Act would give the Cabinet authority to remove land and property from council jurisdiction for government development projects, notwithstanding provisions in the Decentralisation Act or other laws.

Once the Cabinet makes such a decision, the Local Government Authority (LGA) would notify the council. Following the notification, the land or property would cease to fall under the council’s ownership and come under state authority. The decision would also have to be announced to the public.

Under the bill, the power to decide whether council land or property should be repossessed would remain with the Cabinet.

The legislation also proposes requiring councils to hand over land requested by the government for development projects through the LGA, including before an island or city’s physical development plan has been approved and implemented.

Further amendments would place a duty on councils, through their code of conduct, to cooperate with government projects undertaken for public purposes.

The bill would also prohibit councils from taking measures or making decisions, without a stated reason, that obstruct, prevent or cause the suspension of government projects.

The proposed changes have drawn debate over the division of authority between the central government and local councils.

The bill comes after the April local council elections, in which the opposition Maldivian Democratic Party (MDP) secured control of councils in several cities and populated islands.

Public petitions have also been submitted to Parliament both opposing and supporting the legislation.

A petition calling for the rejection of the bill received about 2,300 signatures, exceeding the 2,100-signature threshold required for an e-petition to receive priority for debate in Parliament and consideration by a committee.

A counter-petition supporting the legislation was later submitted and received more than 10,000 signatures. There were also reports that civil servants were instructed to sign the petition and seek signatures from family members.

The second petition was submitted after Parliament amended its Standing Orders to allow more than one petition to be lodged on the same issue.