Afcons construction, a firm that is part of India’s large diversified Shapoorji Pallonji Group that was awarded the contract to undertake the Lusaka 500 kilometer Decongestion Road project dubbed L500 has been sued for land encroachment.
A Lusaka west resident Alice Tembo has sued Afcon Construction Limited together with the Lusaka City Council (LCC) and the Attorney General for land encroachment.
Tembo is claiming an order for payment as compensation from Afcons for the sum of K831,844 being the value of the uncompensated land occupied and acquired by LCC as part of the road in the Lusaka City decongestion Road project along Kasupe Road in Lusaka West.
The plaintiff is also claiming interest on the amount due to her from the defendants,further or any other relief the court may deem fit and legal costs.
As the property owner of Sub TI of farm 1938, Tembo was notified that her property was being acquired compulsorily by the state. However, LCC acquired an extra 6,652 sq metres of land contrary to the initial 2415 sq metres of land that was agreed to be taken and the total area covered by the construction works was 9,067 sq metres.
The extra 6,652 sq metres of land was acquired in order to put side roads on the subject road. The reason for the acquiring of the land was to pave way for the construction of a road under the Lusaka City Decongestion project (Road 3-off Kasupe Road) Lusaka West.
The land in question has been subject to encroachment by squatters and there is a court judgement wherein the court held that Tembo is the legitimate owner of the property.
However,the Ministry of Local Government proceeded to compensate the squatters for the extra land that was used and this is despite the fact that the initial payment was made to Tembo who is the bonafide owner of the property in question.
The Ministry did not even bother to contact the owner of the land and ascertain the position of the land. Despite requests from Tembo to receive compensation from the ministry,there has not been any payment received.
On 15th July 2020,Tembo received a letter of notification from Lusaka City Council (LCC) under the office of the town clerk with regard the valuation of properties that were affected by the construction and design of the Lusaka City decongestion project ( Road 3-off Kasupe Road) Lusaka West.
The said letter was a notification by LCC in conjunction with government valuation department for the purposes of compulsory acquiring of properties from owners in accordance with the provisions of the Land acquisition Act Cap 189 of the laws of Zambia in order to pave way for the construction of the road referred to above.
Tembo’s property, measuring approximately 2,415 Square meters, was among those affected and as such, it was valued by the government valuation department on 25th February,2020 at K302,000 and she received the said amount as per valuation report.
However, Afcon Construction Ltd proceeded to construct a side road on Tembo’s other unvalued property which was never part of the initial notification dated 15th July 2020 by LCC.
Tembo proceeded to have the said unvalued property valued as per a letter of demand to the permanent secretary at Ministry of Local Government dated 19th November,2020 and a sketch plan dated 27th October 2020 wherein the said unvalued property measured appropriately 6,652 sq metres.
According to a statement of claim obtained by the Zambian Business Times-ZBT,Tembo claims that Afcon Construction Ltd, Lusaka City Council and the attorney General still owe her K831,844 for the uncompensated area.
Despite the numerous reminders to pay her the amount owed,the three defendants have continued to refuse, or neglected and failed to compensate Tembo the said sum owed. Tembo is demanding compensation for the extra 6,652 sq metres of land which was compulsorily acquired by LCC and was not covered by the initial compensation.
More to follow as the matter develops…
