Questioner: Muhammad-Shahab Gonabadi (Minister of Housing and Urban Planning)
[as you are aware that because of the deprivation of most families of the benefit of shelter and housing, by using the pursuant laws of urban wastelands after the ratification of the Council of the Islamic Revolution, concerning the abolishment of the ownership of urban wastelands, has been passed by the Islamic Consultative Assembly and the respected Council of Guardians according to which, the urban wastelands that are not substantial in area be placed at the disposal of the Ministry of Housing and Urban Planning. The urban wastelands beyond an ascertained limit are saleable only to the government. The municipality in order to meet the housing needs of the people and the Ministry of Housing and Urban Planning shall purchase such lands as needed in accordance with the law, on the basis of price for the area and transfer ownership to homeless families for general use.
Meanwhile, according to the aforesaid law, all the ministries and banks and all institutions to whom the law applies and foundations- the Mustad`afan Foundation- the Housing Foundation etc must hand over their surplus lands to the Ministry of Housing so that are used for public consumption and securing the housing needs of the people. However, firstly, most of the government bodies, banks, and foundations have refrained from handing over the lands despite the repeated circulars of the Prime Ministry. Secondly, some of the clergymen and government bodies have divergent views in relation to the transfer of ownership of the aforesaid lands to the people for housing construction and have doubts about their canonical validity. Consequently, the implementation of the aforesaid legislation is meeting with a lot of difficulties and there exists the possibility of its abolishment, which can have critical consequences in the housing, land and economic situation. Please guide and enlighten us on this subject.
Muhammad-Shahab Gonabadi]
In His Most Exalted Name
Whatever that the Islamic Consultative Assembly has ratified and has been corroborated by the Council of Guardians is both canonically correct and legal.
Rouhullah al-Mousawi al-Khomeini