In Mina, legal victory for the recognition of maritime public ownership

This is a very strange legal case that has been dragging on since 2016 which was just closed on Tuesday by a decision by Judge Nazih Akkari, who is in charge of the subdivision file in Tripoli and Mina. The private ownership of land, clearly submarine in the Mina district (therefore public maritime property par excellence by law), had been granted, with a 2016 ruling, to landowners owning a plot of land adjacent to the maritime corniche (see L ‘Orient-Le Jour of 27 January 2017). In his ruling on Tuesday, Judge Akkari overturned the effects of his own 2016 ruling, acknowledging that the offshore land claimed by this family is actually, and of course, public maritime land.

In detail, these owners own a lot with the number 219, with an area of ​​29,839 square meters. The ruling of the time granted them the right to ownership of lot 220 “which was mistakenly taken from them during the city expansion works” according to the text, and which grants them an additional area of ​​over 15,000 square meters (in total , the new land area amounts to 45,000 square meters). This story would have gone unnoticed if the municipality of Mina and many activists had not brought to light the scandal. The then president of the city council, Abdelkader Alameddine, had in fact learned of the story almost by chance, when the owners had asked him for authorization to sell the land, which was not buildable. Tuesday’s decision arrives to dedicate years of struggle to protect the still largely unspoiled coast of this locality.

From a legal point of view, as soon as the scandal broke out, at the end of 2016, the municipality had presented “opposition” to the sentence, considering the rights of access to the coast to be violated. Mina municipality lawyer, Me Toni Tager, told L’Orient-Le Jour that Judge Akkari relied on new data that convinced him of the validity of the arguments that this particular land is unquestionably maritime property. public. He recalls that the municipality “is the first to have presented opposition to this decision in 2016, followed by civil society and the Arab University, whose building faces the controversial land, which has submitted requests for intervention to prevent its implementation “. The lawyer also points out that Judge Akkari deleted the sheet relating to the property in question from the land registry.

Monday press conference
Civil society has invested heavily in this fight. The Civil Campaign to Protect Mina Beach at the time joined forces with the Green Line Association and the Legal Agenda, along with Mina activist Samer Anous, to file legal action against the decision. , as non-governmental organizations have stood up to bring civil action when the general interest is at stake. Interested organizations will hold a press conference in Mina on Monday to review the details of the case and highlight the importance of this. victory.

For Nariman Chamaa, activist of the Civil Campaign for the Protection of Mina Beach, this victory is decisive, even if the struggle was very tough. “It is an important recognition of the public character of the coast,” he told L’OLJ. Activists from other regions will be able to rely on this case to organize themselves as best as possible to protect the coast ”. He underlines that “the coast of Tripoli and Mina, less attacked by invasions than other regions, it was therefore essential to win this battle to cut the way to other similar projects”. The activist wonders if the popular uprising of 2019 has not made the population more aware of their rights, in particular of access to the coasts, and if the authorities and judges do not take greater account of the weight of public opinion.

This is a very strange legal case that has been dragging on since 2016 which was just closed on Tuesday by a decision by Judge Nazih Akkari, who is in charge of the subdivision file in Tripoli and Mina. Private ownership of land was granted, clearly submarine in the municipality of Mina (therefore public maritime property par excellence by law), …

Leave a Reply

Your email address will not be published.