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Mohammed Abu Fadl v Ofuq association for the protection of the environment

Country/Territory
Morocco
Type of court
National - higher court
Date
Oct 19, 2009
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

Occupying a public garden in a residential neighborhood – use – judicial protection – elimination of harm – compensation

The court established that the defendant occupied the public garden that was built inside a residential neighborhood by the plaintiff, the active association in the field of environmental protection, and uses it by cutting down trees and planting implantation and a fence and opened an access to it. The court therefore when ordered the defendant to stand down and return it to its previous state and compensate the harmed party, it used its power to assess the evidence and did not breach any provision.

Available in
Court of Cassation’s Decisions on the environment