The emphasis of the jurists of the Guardian Council on the compensation of the owners of undecided lands

Tahan Nazif said: If a special plan has been approved for a piece of land, how to use it will be determined based on the same plan; But regarding the lands for which a plan has not yet been approved, the determination of usage and exploitation criteria will be postponed to the future.

According to Ambassador Arjan Hadi Tahan Nazif, the spokesperson of the Guardian Council, in the 108th report of his series of reports to the public, explained the response of the jurists of the Guardian Council to one of the queries of the Court of Administrative Justice and said: following a complaint about the "range of special plans" row in the revision plan of the detailed plan of the city of Isfahan, approved in 2010, the matter was referred to the esteemed jurists of the Guardian Council in order to comply with Sharia standards.

According to Ambassador Arjan's narration, he further stated: In table number (1) of this plan, the type of land use and conditions such as permitted, conditional and prohibited use are stated for various uses. However, in the "range of special plans" row, instead of independently determining the type of land use, it has been stipulated that these lands are subject to plans approved by the commission of Article (5) or plans that are later prepared and approved by that commission.

This legal member of the Guardian Council stated: Therefore, if a special plan has been approved for a piece of land, its use will be determined based on the same plan; But regarding the lands for which a plan has not yet been approved, the determination of usage and exploitation criteria will be postponed to the future. In the text of this row, there is no specific deadline for the approval of the next projects.

The spokesman of the Guardian Council stated: The plaintiff stated that his property was included in the "range of special plans", but a specific use has not been determined for it yet. According to him, for this reason, the municipality has refused to issue a building permit and the land has practically remained without the possibility of exploitation as desired by the owner until the assignment of the special plan is determined. He requested the cancellation of the mentioned row citing the limitation of his property rights.

Referring to the opinion of the Guardian Council jurists, he further stated: The Guardian Council jurists distinguished between two assumptions in their comments regarding this resolution; In this way, if the purpose of determining the "scope of special plans" is that the lands belonging to the people are kept in abeyance without need and just for precaution and the owners are restricted from taking possession of their property, this is against Sharia. On the other hand, if there is an imperative need to limit ownership rights in the current situation, the owner's damage must be compensated.

Tahan Nazif further stated: The result of the opinion of the esteemed jurists of the Guardian Council for the owners is that placing the land under the title of "special plans" is not a permit to suspend it until an unknown time. If the restriction of the owner is only for precaution and without need, this situation is against Sharia and if there is a mandatory need to maintain the restriction, the damage caused to the owner as a result of this restriction must be compensated. In other words, the cost of waiting for the approval of future plans cannot be left on the shoulders of land owners without compensation.

He further emphasized: Considering that the Court of Administrative Justice is required to comply with the opinion of respected jurists of the Guardian Council, as a result, the complained resolution will be annulled by the decision of the Court of Administrative Justice due to the violation of Sharia standards.

This legal member of the Guardian Council stated: It is worth noting that this protection is not limited to future losses and the effect of revocation dates back to the approval of the complaint in 1390. For example, in this case, the owner who has been deprived of his property rights due to the application of this row in the past years and has suffered losses, can also demand compensation for the same period. Of course, the starting time of the restriction, its duration and the amount of damage must be verified by competent authorities for each property.

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