. . . Dragged Aviation college Rector, DG KASUPDA, 2 Others To Court
The residents of Ungwar Yusi community in Sabon Gari local government area of Kaduna state have approached the Magistrate Court to seek redress over demolition of their houses.
Over 250 houses were said to have been demolished by the agent of Kaduna state government; Kaduna State Urban Planning Development Authority ( KASUPDA ).
Meanwhile, High Court of Justice; Dogarawa Zaria had earlier restrained the Kaduna State Urban Planning Development Authority ( KASUPDA) from further crossing and marking the applicant’s house for whatever reason.
According to Hon. Justice B.F Zubairu in his judgement said: ” the defendant is perpetually restrained either by itself and or it’s agents privies or whosoever described from further crossing and marking the applicant’s house for whatever reason”.
In the judgement document obtained by our correspondent dated 2rd of March, 2013 with suit no KDH/Z/52/2011 was between Irimiya Yabanet ( SP Rtd) for himself and onbehalf of Ang. Yusi community, Hanwa district and KASUPDA.
However, contrary to the judgement of the said date, the KASUPDA embarked on mass demolition exercise of the houses in Greenland ( Yusi community ) between 3rd and 4th of October, 2021.
Our correspondent also gathered that most of the occupants of the land whose houses were demolished had acquired the planning permit from KASUPDA.
According to one of the planning permit obtained by our correspondent reads: Ref No: ZRH/GEN/PP/3295/ VOL. 1. Hereafter called the developer, is hereby granted planning permission by the KASUPDA, hereinafter called the Urban Planning Authority for Kaduna state, in accordance with the provision of the Urban and Regional Planning Law Act No. 88 of 1992.
It was also gathered that some of the affected residents had already obtained Certificate of Occupancy (C of O) before the demolition exercise was carried out.
The counsel to the complainants, Solomon Kaine, Esq, in the suit, onbelf of his clients ( Yusi Community Residents ) joined the Director General of KASUPDA, Zonal Manager of KASUPDA, Rector of Aviation college and Public Relations Officer ( PRO ) of the Aviation college Zaria.
During the court proceeding, one of the defendants argued that the court lack juridiction to hear the matter before justice Yakubu Gbadamosi.
While presiding over the matter on Monday at the Magistrate court in Zaria, the judge, justice Gbadamosi said that all defendants must appear before the court in the next sitting, as only the second defendants appered today.
” Either the court has the juridiction or not to entertain the matter, the court must be respected, and all the defendants must appear before the court” justice Gbadamosi said.
The case has been adjourned till February 7th, 2022 for preliminary objection.