Orders for demolition

Prof. Anna Tibaijuka, Minister for Lands, Housing and Human Settlements Development, under the powers vested into her by section 54 of the Urban Planning Act, Na. 8 of 2008 has ordered for the immediate demolition of the twin tower building of the fateful collapsed one on Indira Gandhi Street. While moaning the dead, and commending rescue efforts that recovered 36 bodies, she said focus is now on preventing more tragedies of this nature. She clarified that under current law, Dar es Salaam has 3 zoning heights, 3-6 stories ; 7-10 stories and more than 10 stories. Thus the Central City Area, where Indira Gandhi Street lies, is in the middle category of 7-10 stories. So clearly it is unlawful to construct a 16 storey building without Special Permit which is only issued by the Director of Planning after Ministerial Consent. This has not been obtained.

As such there is no need for further questions but to demolish the remaining building that is now a threat to public safety and comfort. She made these remarks while touring the area with Members of the Parliamentary Committee for Lands, Natural Resources and the Environment. They witnessed the Khoja community that testified that apart from losing 4 children in the tragedy, they are now totally terrified, their mosque and community centre remain closed, as well as their clinic that caters for 500 patients daily. Tibaijuka said “the demolition order is with immediate effect”. Under section 44 and 45 of subsidiary legislation: Supplement No. 16 pf 2001 (schedule of fines) the joint owners of the building, Ladha Construction Limited and NHC are supposed to demolish the building at own cost, and for every day that they delay, a penalty of 2% of the value of the building is levied against them.

If 30 days lapse before the building is demolished, the Government will demolish it and bill the owners. She said that under section 7(4) of the 2007 Urban Act, she has also given a warning to the Ilala Municipal Director to enforce urban planning laws or risk withdrawal of the Planning Authority Status that is only devolved to local authorities by the Planning Minister but can be withdrawn if there is evidence of failure to abide to the provisions of the law.

Posted by Noel Mubeya on Apr 14 2013. Filed under Constituency. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.