For allegedly contravening the Urban and Regional Planning Law of Delta State, the Nigerian Institution of Estate Surveyor and Valuers, Association of Professional Bodies of Nigeria, Nigerian Institution of Surveyors, and four others have dragged the Delta State Government before a High Court,sitting in Warri, the commercial nerve centre of the state.
The plaintiffs claimed that the Delta State Government allegedly carried out demolition of buildings and structure in the state, constituted environment sanitation court as well as collected monies from developers in the state since 2011 which according to them contravenes the provision of the Urban and Regional Planning law of Delta State, 2003 and therefore should be declared illegal, null and void.
Surveyor Henry Enueme, Paul Akporowho, Chief Enoch O. Ogbo, Sir A.E Umunadi, Association of Professional Bodies of Nigeria, Nigerian Institution of Estate Surveyors and Valuers, as well as Nigerian Institution of Surveyors are the 1st and 7th applicants respectively in the case while the Attorney General and Commissioner for Justice, Hon Ajuya, Commissioner for Environment, Hon Frank Omare, Commissioner for Lands, Surveys and Urban Development, Hon Patrick Ferife, as well as one Mr S.L Adjohwenyo (Director of Town Planning, Delta State) are 1st and 4th defendants respectively.
In the suit with number W/437/2014, dated 24th October, 2014, deposed before High Court of Justice, Warri judicial Division, by Michael Asugo (Esq) on behalf of the applicants and made available to THEWILL, the applicants are asking the court to determine eight point facts in issue which, according to the applicants, in light of section 6 (g), 34 (5), 35 and 37 (1), section 47, 49, 52, 57 (1), 71, 72, 55, 43, 39 of the Urban and Regional Planning Law of Delta State, 2003 were breached by the 2nd, 3rd and 4th defendants who are officials of the Delta State Government.
The applicants want the court to declare that the 3rd defendant, Area Planning Officers and Area Planning Offices in the Ministry of Lands, Survey and Urban Development of Delta State have no authority to grant development permits and that Area Planning Officers and Area Planning Offices in the Ministry of Lands, Survey and Urban Development of Delta State have no power to serve contravention notice on developers.
The applicants are also seeking the court to declare that the 2nd, 3rd and 4th defendants, their agents, servant and or privies have no power to demolish buildings which, in their opinion, are in contravention of the Urban and Development and Regional Planning Law of the state.
Furthermore, they are praying the court to declare that the sanitation task force headed by the 2nd defendant contravenes the provisions of Urban and Regional Planning Law of Delta State 2003 and therefore is illegal, and null and void.
The applicants have also asked the court to declare that the setting up of sanitation courts by the defendants to adjudicate over development matters is contrary to the provisions of the Urban and Regional Planning Law of Delta State and therefore is illegal, null and void.”
They seek among others: “A declaration that the 4th defendant has no power under the Urban and Development and Regional Planning Law of the Delta state to demand for a “site/location analysis report and plan” form and to collect fee for processing same.
“An order directing the 4th defendant to render an account of all monies collected by him, his agents, privies and assigns from developers in Delta state for the processing of “site/location analysis report and plan” form from 2011 till date.
“An order directing 3rd defendant to carry out the directive of the state Governor as contained in the letter of 3/11/2012 written to him by the Secretary to the Delta state Government to comply with the provision of Urban and Development and Regional Planning Law of the Delta state, 2003, by constituting the Local Planning Authorities.
“An order of perpetual injunction restraining the 2nd and 3rd defendant, their agents, servants and privies frm carrying out any function specifically reserved for the Urban and Regional Board and the Local Planning Authorities in the Urban and Regional Planning Law of the Delta state, 2003.
In an affidavit in support of the summon deposed by Mr. Paul Akporowho on behalf of other applicants, the claimant stated that since the expiration of the tenure of the Urban and Regional Planning Board which was constituted after the Urban and Regional Planning Law was assented to in 2005, staff of the Ministry of Lands, Survey and Urban Development in the state have been usurping the powers reserved for the Board and the Local Planning Authorities by carrying out functions specifically meant for Urban and Regional Board and the Local Planning Authorities of which they are members.
The claimant further stated that the Commissioner in charge of the Ministry of Lands, Survey and Urban Development, Hon. Ferife, who ought to have recommended qualified persons to the Governor for appointment into the Board and Local Planning Authorities had failed to do same in spite of repeated demand from the claimants to do same.
The claimant said however that going by the provision of the Urban and Regional Planning Law of the Delta state, 2003, only the Board and or Local Planning Authorities can demolish a building or structure adding however that the 2nd defendant, his agents, privies and assigns have been going around Delta State demolishing building and structure in contravention of the extant of the Urban and Regional Planning Law.
