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Courtesy Foroyaa Online @ http://www.foroyaa.gm/modules/news/article.php?storyid=6385

Malanding

PS Manneh Testifies Before Lands Commission

Author: Publisher | Date: 16-03-11 | Topic: National News

By Lamin Sanyang
The Permanent Secretary at the Ministry of Local Government and Lands Mr. Abdoulie Manneh appeared at the High Court on Monday 14th March 2011, before the Lands Commission to clarify the allocation and compensation of the main Sallaji and Nemasu layouts and the functions of the National Planning Board.

The PS was asked about the body that is responsible for the location of a layout which he said is the Department of Physical Planning. He was asked the factors put into consideration in identifying a layout. He said that is a technical matter which he would not know but he added that the location and purpose of the layout are important. He was questioned about the functions of the National Planning Board which he said deals with the Physical Planning at the national level but said it is dormant. He said the reason is that the authorities are not taking issues to the Board. He was told whether his ministry has nothing to do with the Board. He said that the ministry is represented at the Board. He was asked whether the Planning authorities are functional which he answered in the affirmative. He said the planning authority for Banjul and Kombo Saint Mary’s are chaired by a private individual who has knowledge and experience while the regional authorities are chaired by the Governors. He said the planning authorities have the input as for the planning of the draft.
He was asked about the exhibition of the layouts, he said that all the layouts have been exhibited. He was asked about the exhibition of the Sallaji layout which he said he cannot remember but said that the locals are informed. He was asked whether he is aware that the customary owners are complaining that there was no exhibition. He said that was not what he was informed. He was asked the person who informed him. He said the Director of Physical Planning. He was asked about the Director of Physical planning which he said he cannot remember without checking the records. He was asked whether the Nemasu and Tanjiring layouts were exhibited; he responded in the positive. He said the complaints that came to the ministry would be assessed. He said they are well verified and the planners would go back to incorporate them.
The Local government Permanent Secretary was asked about the valuation for compensation which he said is the department of Lands and Survey that is responsible. He was asked about the list of compensation, and he said the ministry would do recommendation based on the compensation available. He was asked whether he would approve the list before it reaches the minister. He said that is correct. He was asked whether they are responsible for the final list which he answered in the affirmative. He said the main Sallaji layout was not meant for compensation but the Cabinet has approved it for allocation. He was told that some people at Sallaji are not compensated. He said in some cases there is conflict of choice as some would want land and others would prefer money for compensation and that causes a lot of delay. He said another problem is that people would claim ownership of one plot of land at the same time. He argued that it would not be correct to say that none of the people in Sallaji benefited from the compensation.
At this juncture a bunch of documents was passed for him to check to refresh his memory. He was told if Sallaji was a compensation layout why the people of Nemasu are not given priority. He said his understanding is that there is compensation and those who are not compensated must have a reason which he would not know at that point in time. He was asked whether he was not informed and he responded in the affirmative. He was asked about the response and he said it was failing. He was asked the reason for compensating 100 by 100 metres to 20 by 20 metres. He said the things that are considered in valuation are the size, location and development. He said more preference is given to leased land than the one that is not leased.
PS Manneh was asked about the compensation for M Sumareh whether the local people were consulted. He said he would not know. He was told whether he did not ask; he said he cannot recall without going through the records. He was asked whether the planning authority does approve layouts prepared by the Physical Planning. He said they can only endorse and forward it to the ministry where it would go to the cabinet. He said in the case of change of use the planning authority is responsible. He said the Bijilo Extension A and C were meant to create space available for the Land Sale Committee and for compensation. He said it was approved by the minister without going to the cabinet because it is relatively a small land. He said the allotees have applied. He said it was not advertised because it is not a layout. He was asked whether all the allotees in the main Sallaji have applied and he said he cannot remember.
At this juncture, he was told that the Director of Lands and Survey Malamin Jatta said that the National Assembly Members were allocated without applying but instead a list was sent. He said there is a policy that when a layout is about to be created, departments are allowed to send list for allocation. He was asked whether the National assembly has applied. He said when the list was sent to the Director of Lands, it is for them to fill the form. He said it is the technical department that is responsible for the allocation of the various departments. It was put to him that the department of Lands and Survey are allocated more than 45 plots in the Sallaji layout. He said the reason could be that the department is bigger.
He said the Nemasu layout is mainly for allocation. He said there was no re-entry since 2003. He said he is not sure whether there was any change of use in the Nemasu layout. It was put to him that a cemetery was changed for residential in Nemasu layout. He said that is a surprise to him. He was told about the transfers in the Sallaji layout without development. He said the documents would pass through him and would verify whether it is developed or not before it would be approved. He said re-entry in a layout is prescribed by the law. He said it is not clearly stated in the Act what development means. He said they are trying to contact the legal practitioners to clarify the Act in terms of development. He said a notice of ninety days should be given to the person before any re-entry is done.


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