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Thousands of Zarqa residents may have to vacate homes

By Dana Al Emam - Mar 26,2016 - Last updated at Mar 26,2016

AMMAN — Thousands residing in Zarqa Governorate's Jannaa neighbourhood may have to vacate their homes if no legal settlement is reached in a landownership case.

The issue dates back to 1948, when a wave of Palestinians took refuge in Zarqa, some 22km east of Amman, and initially resided in Zarqa camp. 

But as population density increased, expansion reached Jannaa, which became interconnected with the camp due to its proximity, said Zarqa Mayor Emad Momani.

In a phone interview with The Jordan Times on Saturday, he highlighted a multiplicity in ownership of the disputed land, adding that the majority of the plots belong to the Amman-based White Beds (Al Asirra Al Baydaa) Society home for the elderly.

Momani added that the rest of the land plots are owned by heirs of Bahaa Eldin Shishani and the Housing and Urban Development Corporation, in addition to the state.

He said the land sale occurred "outside the legal framework of the Department of Lands and Survey"; nonetheless, the municipality has provided residents with water and electricity services out of its "humanitarian" duty, especially that the majority of them face financial difficulties.

Lawyer Laith Shamayleh, who legally represents the majority of Shishani's heirs, said his clients have an official document that proves their ownership of 28 dunums and 553 square metres of the disputed land.

As the three-month-long negotiations with officials in the area to reach a settlement were not fruitful, judicial warnings were sent to some 300-400 housing units, where 10,000-15,000 people live without any proof of landownership, said Shamayleh.

He noted that his clients have the legal right to sue the residents for violating their property and to demand the "rent value of similar property”, noting that the majority of the population started living there during the 1950s and 1960s.

The “rent value of similar property” principle allows courts looking into rent-related disputes to determine a fair raise in rent by taking the current fee of a similar property in a similar area as the base of calculation. 

Shamayleh added that services provided to the residents have contributed to their increase, noting that some government agencies treat them as property owners and tax them accordingly.

But the lawyer said his clients are willing to negotiate the “rent value of similar property” with officials who have no personal interest in the matter, noting that some of the residents own businesses and shops.

Momani expressed hope for a state solution that does not threaten the social stability of the concerned residents, and — at the same time — does not violate owners' legal rights. 

He added that the municipality is willing to provide all it can to prevent the eviction of these residents.

 

"We do not seek to create any form of social instability… but a state intervention is needed to resolve the dispute," Shamayleh added.

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