North-Galolhu MP Mohamed Ibrahim who submitted the emergency motion on revised Gulhifalhu land agreements. (Photo/People's Majilis)
Parliament, on Tuesday, has rejected the emergency motion submitted by main opposition MDP, accusing the government of forcing recipients of land from Gulhifalhu under the former administration’s ‘Binveriya’ scheme to sign a new agreement after nullifying the old agreement.
The emergency motion submitted by MDP’s North Galolhu MP Mohamed Ibrahim (Kudoo) was rejected by the votes of 34 lawmakers, with just 12 MDP lawmakers voting in favor of accepting the emergency motion.
In his emergency motion, Kudoo referred to Housing Ministry’s decision to nullify agreements executed with recipients of land plots from Gulhifalhu under the ‘Binveriya’ housing scheme during the last MDP administration citing legal contradictions in those agreements, and to subsequently enter into new agreements.
Kudoo said the government was acting in a manner that forces land recipients to sign the new agreements which have been formulated after amending the regulations on the issuance of land plots.
He explained that government’s unilateral nullification of the agreement of a completed transaction and the imposition of a new agreement with terms solely determined by the government constitutes a clear breach of the Maldivian Contract Act.
Kudoo stressed that, given the issue’s close connection to the lives of certain citizens and the country’s social and economic state, it is the government’s duty to safeguard and promote the rights and freedoms of its people.
Housing Minister Dr. Abdulla Muthalib, on Monday, said the agreement for land plots issued from Gulhifalhu under ‘Binveriya’ housing scheme has been revised due to legal contradictions.
In this regard, he explained that Article 11 (a) of the Land Act details state dwellings for residential purposes are can only be awarded to Maldivian citizens who do not already own a state or private dwelling, a government-constructed flat, or co-own a building or part of a dwelling that has been legally divided under Section 15 of the Act.
He further explained that Article 11 (c) of the Act specifies that no individual may be granted more than one dwelling on the same island. However, it allows for the issuance of an additional dwelling on a different island for residential use, under a lease determined by the government in accordance with regulations established under the Act.
As such, Minister Muthalib said the agreements for land issued under ‘Binveriya’ scheme has been revised to ensure there are no legal contradictions in agreements entered into the by the state.
The original agreements under the ‘Binveriya’ scheme required recipients who owned a land plot of 600 square feet or less within the “Malé area” to forfeit their ownership. However, the revised agreements have expanded this condition, changing the wording from “Malé area” to “anywhere in the Maldives.”
Former chief justice Dr. Ahmed Abdulla Didi has stated that the law does not recognize publicizing a new regulation on land issuance which contradicts the original agreements executed under the ‘Binveriya’ scheme before the land plots are handed over. Meanwhile, Gulhifalhu Rayyithunge Association has warned that they will pursue legal action “to the end”, if the revised regulation that contradicts the original agreements is not changed back.