Title of article :
Social study of the annulment of municipal commissions’ approvals by the Administrative Justice Court
Author/Authors :
Mousavi, Mohammad Sadegh Shahid Motahari University, Tehran , Sadeghi, Mohammad Reza Kharazmi University, Tehran
Abstract :
Purpose: Article 5 Commission of Iran’s Supreme Council for
Urban Development and Architecture is a quasi-judicial authority
that has a close connection with the rights of citizens. It has
composed a part of the claims that most of the related lawsuits are of
great importance with great amounts. There is a certain procedure
for the authorities, such as the Dispute Resolution Council, which
deals with claims under 20 million toman, but unfortunately, for
there is no such a procedure for important cases of municipal
commissions, including Article 5 Commission. Methodology: In
the present article, the authors will review the annulment of the
approvals of Article 5 Commission of Iran’s Supreme Council for
Urban Development and Architecture by the Administrative Justice
Court, using an analytical-descriptive research methodology as a
library study through note-making method. Findings: In the review
of the annulled approvals, it can be found that failure to observe the
proprietary and the acquired rights of individuals established by the
Supreme Council and Article 5 Commission during the recent years
may lead to the outcome of complaints by the owners and the
annulment of approvals. Conclusion: The annulment of the Article
5 Commission’s approvals by the Administrative Justice Court can be
summarized in the following four major factors: 1. The approvals for
delegating the authorities of the Article 5 Commission; 2. The
approvals contrary to the urban development principles of the Article
5 Commission; 3. The approvals contrary to the Sharia of Islam; 4.
The Gratuitous possession Approvals of the Article 5 Commission of
Iran’s Supreme Council for Urban Development and Architecture.
Keywords :
Municipality , Supreme Council for Urban Development and Architecture , Article 5 Commission , Administrative Justice Court