Kaduna – A woman, Mrs Bathsheba Halid, whose property was demolished by the Kaduna State Urban Planning and Development Authority (KASUPDA), has gone to court challenging the existence of the agency under the law.
In a statement of claim filed at the state High Court II, Kaduna, by her counsel, Mr Bamite Achimugu, the plaintiff is seeking a declaration by the court that KASUPDA was not established by law and therefore its operations and actions were illegal.
“A declaration that KASUPDA is not established by any of the Laws of Kaduna State and therefore has no statutory existence or powers for the control of the use and development of land in Kaduna State or to demolish the plaintiff’s property in the issue.”
She is also seeking for a declaration that the demolition of her property, valued at N17.73 million is “wrongful and illegal”, and contrary to the Nigeria Urban and Regional Planning Act of 2004.
It added that the demolition also violated the state Urban Planning and Environmental Protection Agency Edict No. 14 of 1991.
The statement seeks for “an order of perpetual injunction restraining the defendants by themselves, their servants, appointees or agents or whosoever otherwise, from further interfering with the plaintiff’s possession and development of her plot at Angwan Ma’aji Danhono 1, in Chikun Local Government of Kaduna State.”
Joined as defendants in the Suit No. KDH/KAD/922/2013 were Saratu Haruna, the General Manager of KASUPDA, the state Governor and the Attorney General and Commissioner of Justice.
The plaintiff said that she had fulfilled all conditions for the development of the property and was never issued any “stop work” notice for contravention of any development law nor sued for any trespass on any person’s land before the demolition.
Justice Dogara Malam had slated the case for mention on Wednesday but had to shift it to Feb. 2, 2014, to enable him to attend a conference. (NAN)