KUWAIT CITY, Jan 20: The Administrative Court concluded the cases filed by some owners of West Doha chalets against the Kuwait Municipality, dismissing the lawsuits procedurally and substantively. The court affirmed the validity of the decision of the Municipal Council to implement the Jahra Corniche waterfront project, including the removal of the chalets located in the area as they hinder the implementation of the project. Fawaz Al-Kandari, a member of the Legal Department at the Municipality, represented the Municipality in the court. He argued for the legality of the contested administrative decision. He emphasized that it was issued to serve public interest, which supersedes individual interests. He explained that the chalets in dispute are located on State-owned land, thus, authorizing the administrative body to terminate their operating licenses whenever the public interest so requires, based on Law No. 105/1980 concerning the State Property System and the established principles of the Court of Cassation.
The defense also clarified that the chalet license contracts contained explicit clauses empowering the administrative body to terminate the license without compensation when public interest demands it. They stressed that a contract is binding on the contracting parties, there is no room for interpretation when the text is clear, and that individual interests can only be realized within the framework of the interest of society as a whole. In its reasoning, the court confirmed that the executive authority, represented by the Council of Ministers, is the governing body responsible for managing State interests, properties and public facilities. It also stated that the Committee for Removing Encroachments on State Property and Protecting It was transferred from the Ministry of Finance to the Municipality through a Council of Ministers decision.
The court stated that annual licenses for family rest houses (chalets) are automatically renewable, subject to administrative decisions made in the interest of the public, and do not entitle the licensees to claim the value of the facilities or compensation upon expiration or cancellation of the license. The court concluded that the contested decision was based on sound reasoning, consistent with the provisions of the law and the contract terms, particularly clause 15 and served the public interest, thus, confirming its validity and legality, while affirming the Municipality’s right to proceed with the Jahra Corniche project.
By Jaber Al-Hamoud Al-Seyassah/Arab Times Staff
