Rameshchandra Gorasia, the owner of the parcel of land on which Taj Mall sits, has been ordered by the National Land Commission (NLC) to surrender his title deed.
According to the NLC, the mall was built on an amalgamated title for land -LR 209/13938- which was initially two separate plots.
The first one was LR No. 7075/13/1, a reserve for Outer-Ring Road, and the other was LR 7075/24 which is private property.
Through a statement, the Commission confirmed receiving a complaint on 14th June 2013, from Kenya Urban Roads Authority requesting it to review grants for parcels located along Outer-Ring Road to determine their legality or propriety.
READ MORE
Marurui demolitions: Pain and agony as houses, plot owners count losses
Roysambu MCA charged over Marurui demolition protest
Gikomba traders assured of modern market as construction begins
Keep politics out of Gikomba demolitions, Kindiki tells opposition
It further stated: “The (amalgamated) title 209/13938 should be surrendered to the commission for regularisation and excision of 7075/13/1 which is vested in the national government for road expansion."
This means that Gorasia will retain ownership of the private plot but the parcel on a road reserve will be surrendered to the State.
It further added that the property was ‘compulsorily acquired for road expansion and it is thus a public utility and that any title held is revoked.’
Records indicate that the government acquired the land in question in 1960 and was gazette as a road reserve in April 1971.
The mall’s vacation notice lapsed last week on Thursday but its demolition was halted since the flattening of Southend Mall was yet to be completed.
According to Nairobi Regeneration Committee head of operations Julius Wanjau, Taj mall (currently Airgate Centre) will be demolished in the course of the week.
Owners of the six-floor building had been served with a 14-day notice to bring down the property which was estimated at Sh 5 billion before troubles began.