Perhaps, he could well face a similar problem if he approaches the Ministry of Municipal and Rural Affairs in its capacity as the supervisory authority of all municipalities in the Kingdom.

But my firm conviction is that the solution lies mainly in the capability of the concerned official in understanding the grievances of the citizen as well as in the official’s willingness to put into practice the spirit of law in accordance with that understanding.

Here the topic of my discussion is simply about a directive issued by the municipality, and that does not involve any underlying spirit of the law as envisaged by the concerned authority  — the Council of Ministers.

The citizen said: “I have a plot of land for which a construction license was issued by the Madinah municipality. As per the plan, I can construct a multistoried building with a ground and three upper floors in addition to an annex. While issuing the license, the municipality had classified the land, located close to the street, as a commercial property.”

The citizen added: “When I began construction, the municipality granted the owner of a plot located adjacent to my plot license to construct a residential building with four upper floors in addition to the ground floor plus annex.

This license for the construction of a residential building with a floor higher than that of my commercial building was in violation of existing norms. When I asked the concerned municipal officials about it, their reply was that there is a new regulation allowing construction of an additional floor with the condition that the ground floor should be used as parking area.”

The citizen also pointed out that he had approached the municipality seeking permission to build an additional residential floor in line with the permission granted to the other person. But the municipality turned down his application on the grounds that his plot is a commercial property. However, the municipality suggested that he could build an additional floor only if he sets aside the entire commercial unit (ground floor) for parking purposes.

In response to this, the citizen had put forward another suggestion that if he was allowed to build an additional floor, he will set aside the entire rear part of his plot for parking purposes. But the municipality denied him permission. Moreover, the municipality directed the citizen to submit his proposal through a licensed engineering office.

This was the treatment meted out to a citizen. What prevents the municipality’s engineering department with its vast facilities from examining the proposal instead of directing the citizen to approach private firms with meager facilities? The citizen wants to find a solution to his problem either from the municipality or from the ministry or even from the Human Rights Commission if it has a role in it.

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