Housing Development Corporation (HDC) has stated that the statement released by Male’ City Council claiming that HDC cannot sell land from Hulhumale' while there is an ongoing court case regarding the ownership of the land in question – violates Civil Court’s order.
Civil Court issued a stay order on the implementation of Male’ City Council’s decision to terminate the land registry for Hulhumale’ issued to HDC, and move the suburb to their jurisdiction on December 16.
With HDC announcing the sale of land plots in Hulhumale’ yesterday – Male’ City Council released a statement today, claiming that it is HDC cannot lawfully sell land while the issue of ownership has not been settled and is still court.
In a statement released tonight by HDC in response to this, they said that they are legally vested the ownership of Hulhumale’ and that it is clear from the laws that Male’ City Council’s jurisdiction will not apply to suburban land.
HDC said that whilst this stand – HDC has the right to sell land that they own. They also condemned the statement released by Male’ City Council today, stating it infringes their rights.
They further said that the statement released by Male’ City Council claiming that HDC cannot sell land from Hulhumale' while there is an ongoing court case regarding the ownership – violates the Civil Court order issued against the Council.
“Whereas this Corporation has been guaranteed the right to remain carrying out the works of this Corporation pertaining to Hulhumale’, as well as the developmental projects and other operations by this Corporation in Hulhumale’ by a court order – for as long as a Maldivian court does not state the otherwise, this Corporation is entitled to these rights,” the statement read.
Noting that the Council’s statement violates the rights and integrity of HDC – the Corporation advised Male’ City Council to refrain from such acts.
The City Council had passed the decision to cancel the land registry with a majority vote of 12 councilors during a meeting on December 8.
Following this, HDC submitted a case to Civil Court, stating that this violates the right to property guaranteed under the Maldivian Constitution, Article 24 (b) of the Land Act and the Decentralization Act.
Civil Court’s order issued on December 16 subsequently instructs the non-enforcement of City Council’s decision until the trial is complete.