On the 10th of February 2021 the Administrative Court of Cyprus decided that the Requisition Order that was published on the Official Gazette of the Republic of Cyprus on the 3 / 6 / 2016 in order to improve and widen the Aglantzia Avenue in Nicosia is unconstitutional and ordered its cancellation.
Mr. Michalis A. Dilinos who represented the owners of the affected properties argued that the requisition order was illegal and unconstitutional as its aim was to create permanent and not temporary works within the applicant’s properties.
Based on precedent case law of both, Cyprus and Greece, a requisition order, which is a very useful administrative institution when it comes to property intervention, should only be used when such intervention is absolutely necessary and when the matter is of great urgency. As expressed by the Courts, an urgent situation that would justify such an intervention is found in instances of war, earthquakes and floods. This is because the government would need to use the property, to build temporary camps to house homeless citizens or to temporarily open roads if necessary, for the passage of pedestrians or vehicles. However, after the emergency, the property needs to be restored to its previous condition and returned to its owners while also paying them a fair and just amount of compensation for the requisition order of their land.
The Court, agreeing with Mr Dilinos, stated that the requisition order was not issued on the grounds of urgency but instead for or the execution of permanent works on the applicants' property, which was found to be in violation of the Legislators intentions as well as the Constitutionally protected property rights of the owners.
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