Abstract:
The philosophy behind creating the Article 100 Commission of the Municipality Law was to deal with illegal urban construction. Approximately fifty years of experience in implementing this article has shown that the aforementioned commission has not been very successful in achieving this goal. The failure of the said commission to achieve the goal of combating illegal construction led to the presentation of a bill to amend Article 100 of the Municipality Law in the Islamic Consultative Assembly. An examination of the proposed bill shows that the approval of this plan cannot meet the objectives intended by the designers and may even create more corruption in some areas. Among these issues are the sudden removal of the four-stage investigation process in the Article 100 Commission and the Court of Administrative Justice and replacing it with a prosecutor's order, the judicialization of municipality officers, the lack of clarity regarding the position of the prosecutor's order, the elimination of the possibility of imposing fines for violations, and the prescription of demolition for all types of violations. Since the mentioned bill is under review by the Islamic Consultative Assembly, suggestions have been provided to amend and enrich its text.
Machine summary:
Among these issues are the sudden removal of the four-stage investigation process in the Article 100 Commission and the Administrative Justice Court and replacing it with a prosecutor's order, turning municipality officials into judicial officers, the ambiguity of the prosecutor's order's position, the removal of the possibility of collecting fines regarding violations, and the authorization of demolition for all types of violations.
1. Article 100 of the Municipality Law According to Note 1 of Article 100 of the Municipality Law, for the investigation of construction violations mentioned in this article, a commission is formed as follows, which is currently known as the "Article 100 Commission" and is recognized by this title: In the cases mentioned above, where the demolition of installations and buildings that violate the specifications mentioned in the permit is necessary in terms of urban planning, technical, or health principles, or if the building has been constructed or started to be constructed without a municipality permit, the matter shall be presented to a commission composed of a representative of the Ministry of Interior (selected by the Minister of Interior), one of the judges of the Judiciary (selected by the Minister of Justice), and one of the members of the City Council (selected by the Council) at the request of the municipality.
According to officials, there are more than two thousand final orders from Article 100 commissions regarding the demolition and removal of buildings, whether in violation of a permit or without a permit, in municipalities across the country that have not reached the execution stage; therefore, it can be said that current regulations have provided the grounds for creating corruption and violating laws and regulations in the field of urban discipline, ignoring approved detailed and comprehensive plans, and ultimately causing public dissatisfaction, undue discrimination, infringement of public rights, non-payment of municipal fees, and legal disputes among citizens resulting from construction violations.
(
, 
, 
)
