Legal dimensions regarding the authority of the Commission under Article 100 of the Municipal Law to issue a decision to demolish in light of the decisions of the Administrative Court of Justice

Mohammadi, Hasan

doi:10.22034/mral.2025.2048169.1690

Legal dimensions regarding the authority of the Commission under Article 100 of the Municipal Law to issue a decision to demolish in light of the decisions of the Administrative Court of Justice

Articles in Press

Document Type : Original Article

Author

hasan mohammadi

Public Law, Department of Public Law, Faculty of Law, University of Qom, Qom, Iran

10.22034/mral.2025.2048169.1690

Abstract

One of the important powers of the Article 100 Commission is to issue a demolition order in the face of construction violations. Due to the severity of the punishment for demolition and its severe conflict with the right of ownership, the quality of issuing a demolition order and the scope of the Commission's authority in issuing it is of great interest. The purpose of this research, which was conducted in a descriptive-analytical manner and by examining the procedures of the branches and general board of the Court of Administrative Justice, is to show what considerations the Court of Administrative Justice, as a judicial supervisor of the votes of these commissions, takes into account in examining the votes of this quasi-judicial authority. The findings of this research show that this judicial institution, on the one hand, by proposing the need to pay attention to the "age of the building and the date of the violation" in the Commission's votes, has determined a criterion for determining the temporal jurisdiction of the Commission (in terms of subject matter and sentence), and on the other hand, by determining the scope of the Commission's mandatory jurisdiction in issuing a demolition order pursuant to the law, by explicitly and implicitly relying on the principles of administrative law, including the principles of proportionality, necessity, equality, and prohibition of discrimination, has provided criteria for controlling the Commission's decisions and ensuring public interests within the scope of the Commission's discretionary powers.

Keywords

Destruction

Administrative Court of Justice

Judicial Supervision

Subjects