In January, Lagos state government implemented the terms and
conditions of allocation of plots of land (Magodo Residential Scheme II) to
subscribers as contained in the Certificate of Occupancy. The government
embarked on it because of the non-compliance with laid down regulations by some
beneficiaries. The norm was for them to build on the said land within two
years, but it was left undeveloped for up to 18-20 years.
The Lagos State
Government, citing non-development of allotted land in the Magodo Residential
Scheme 2, an estate close to the old toll gate, took the unprecedented step of
revoking Certificates of Occupancy covering several plots in the scheme. The
argument of the Government was that the idea of allocating land to subscribers
is for them to build and increase the housing stock in the state, but instead
of that, some beneficiaries only secure government land just for speculative
objectives which in all intent run counter to government objectives. As a
result of this, the beneficiaries deprive other people who are willing and
ready to develop such plots of land from getting the land. Government revenue
is affected as a result of the superfluity of such undeveloped plots, as the
beneficiaries neither pay tenement rates nor land use charge to either state or
local governments.
THE 27 PLOTS RELEASED
BLOCK 48 PLOT 18, BLOCK
79 PLOT 26, BLOCK 53A PLOT 23, BLOCK 64 PLOT 12, BLOCK 83 PLOT 10, BLOCK 56
PLOT 7, BLOCK 48 PLOT 11, BLOCK 83 PLOT 9, BLOCK 47 PLOT 18, BLOCK B4 PLOT 5,
BLOCK 67 PLOT 34, BLOCK B6 PLOT 4, BLOCK B6 PLOT 17, BLOCK 55 PLOT 14, BLOCK B7
PLOT 5, BLOCK 45 PLOT 2, BLOCK 76 PLOT 7, BLOCK 42 PLOT 20, BLOCK 46 PLOT 14,
BLOCK 51A PLOT 26, BLOCK B8 PLOT 11, BLOCK 83 PLOT 8, BLOCK 64 PLOT 4, BLOCK 78
PLOT 11B, BLOCK 63 PLOT 10, BLOCK 81 PLOT 14, BLOCK 55 PLOT 20.
5a. Within two years
from the date of the commencement of this Right of Occupancy, to erect and
complete on the said land, buildings or other works specified in detailed
plans, approved or to be approved by the Governor or other officer appointed by
the Governor. Such buildings or other works to be of the value of not less than
N........................... ..........................................
(..........................) or such a value as will bring the total value of
all structures on the land to
N..................................................... and to be erected and
completed in accordance with such plans and to the satisfaction of the Governor
or any officer appointed by the Governor.
Some land owners, whose lands were affected in the revocation,
wrote various letters of appeal to the government, pleading for the release of
their lands and undertaking to abide by the clause contained in the C of O
(develop their lands within 2 years). After due consideration of the various
appeals received, the Government has approved the withdrawal of revocation of
rights of occupancy of 27 plots of land. However, some amount of money is to be
paid by these land owners as penalty for government to release their lands (we
are yet to confirm the rates charged)
Analysts we spoke to were hard pressed to find explanations for
the Government's actions. Some saw it as politically motivated while others were
not so sure, citing the fact that non -politically involved persons also got
their Certificates released. Others have suggested that the Government has come
out with its announcement at this time to let other allotees whose titles were
not revoked know that there was a chance to get their land back-but at a cost.
Whatever the rationale, there are twenty- seven very happy land owners in Lagos
State right now.
THE HIDDEN CLAUSE 5 IN ALL C OF Os
b. The Governor may extend the time prescribed by sub clause 5a
hereof after the *holder/xxxxxx *has xxxxxx given a satisfactory explanation
about *xxxxx failure to develop the said land within the prescribed period of
two years.
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