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High Commission for Water, Forestry and desertification Control v urban commune of Itnin Iklou

País/Territorio
Marruecos
Tipo de la corte
Nacional - corte superior
Fecha
Mar 29, 2012
Fuente
UNEP, InforMEA
Nombre del tribunal
Court of Cassation
Sede de la corte
Rabat
Idioma
Inglés
Resumen

Exploitation of gravel quarry in forests property – use of explosives – environmental risks – requirements to protect the forests property – several complaints – no authorization


The forests property subject of temporary occupation for exploitation as gravel quarry falls within the commune’s territory and the requirements of protecting the forests property. Thus the exploitation and use of it are part of the inherent jurisdiction of the commune council according to Article 36 of the law 78-00 on the commune charter, and that the commune council works to guarantee health, hygiene and environmental protection, and protection in accordance with Article 40 of the same law. therefore the quality and the interest of the head of the commune council to sue are fulfilled.

The court considered that the administrative decision requested to be canceled was issued in violation of one factual element that the case was based on, because the administration relied while taking its decision to renew the authorization on the report of the commune council’s meeting, which decided to reject the company’s request to renew the authorization given the multitude of complaints by citizens about the harm which were suffering from as a result of the use of explosives. Hence, the administration should not have ignored this and should have taken into account all the legal and factual elements, which makes the appealed decision well founded and well justified.

Request rejected

Disponible en
Court of Cassation’s Decisions on the environment