The Kuwait Municipality has thrown its support behind the suggested amendments concerning the time frame designated for the commencement of government projects. Under the proposed changes, such projects must initiate implementation within a four-year window from the date of site allocation. Failure to commence implementation will render the land allocation decision null and void.
In response to the proposal put forth by council member Eng. Munira Al-Amir, the Acting Director-General of the Municipality, Eng. Saud Al-Dabbous sought to incorporate an additional clause into the Municipal Council’s decision regarding the time limit set for government project implementation, reports Al-Anba daily.
Eng Munira Al-Amir had presented a proposal to add a clause to the previous decision, which stipulates that the site/land allocated for government projects be delivered within a period not exceeding 4 years from the date of issuance of the allocation decision to speed up the implementation steps for such specializations, and the impact of this decision extends to the projects for which a previous allocation decision was issued and it has not been delivered or implemented to date, and in the event of failure to adhere to the aforementioned period, this is considered cancelled.
Whereas the Municipal Council Resolution No. LQMB/75/7/2013 adopted on Sept 3, 2013 stipulates:
First: Amending the decision of the committee in charge of carrying out the duties of the Municipal Council No. LQMB/75/7/2013 taken on 3/9/2013 so that the time period allocated to begin implementing all the sites for which a municipal council decision was issued does not exceed 4 years from the date of receipt of the site instead of 6 years, and the site is considered canceled if the site is not implemented.
Second: Approval of adding the proposal of member Eng Munira Al-Amir to the decision of the committee in charge of carrying out the duties of the Municipal Council No. LQMB/75/7/2013 taken on Sept 3, 2013, with the amendment to become:
First: The sites allocated for government sites shall be delivered within a period not exceeding two years from the date of issuance of the allocation decision, and the site shall be considered canceled if it is not received.
Second: The time period allocated to start implementing the planned sites does not exceed four years from the date of receiving the site, and the site is considered canceled if implementation is not started.
The decision applies to all previously allocated sites.
Given the first and second clauses of the proposed amendments, we see that there is no objection to making the amendments while adjusting the legal wording to become as follows:
First: The sites allocated to government agencies are delivered within two years from the date of issuance of the allocation decision, and the decision is considered canceled if the site is not received.
Second: Implementation of the scheduled projects must begin within four years from the date of receiving the site, and the decision to allocate the land is considered canceled if implementation is not initiated.
As for your inquiry about the legality of the decision’s application to all previously allocated sites, it is established that administrative decisions, whether organizational or individual, are effective only from the date of their issuance and with immediate effect, and do not apply retroactively except by a provision in the law, especially if they affect acquired rights, and are considered non-retroactive. Administrative decisions are among the general principles of law that are required by social necessities, securing the general legal system, and maintaining the rules of jurisdiction. Therefore, the principle of non-retroactivity is imposed without the need for a written text.
Accordingly, the general rule that governs the enforcement and validity of administrative decisions against individuals is that they are implemented from the time they are issued by the authority that possesses them, but they do not apply to the individuals to whom they are directed, and therefore we see that the last clause should be read as follows:
This decision shall be effective from the date of its issuance and shall be published in the Official Gazette.