Whereas the Plaintiffs seek, by filing this action, to annul the decision of the Defendant manifested in its refusal to grant final approval to their decedent’s plan No. (1421/2/8/20), located in Al-Qurayyat Governorate, this action constitutes an action contesting administrative decisions and falls within the subject-matter jurisdiction of the Administrative Courts pursuant to Article (13/B) of the Law of the Board of Grievances issued by Royal Decree No. (M/78) dated 19/9/1428 AH; it also falls within the territorial jurisdiction of the Court pursuant to Article Two of the Law of Procedures before the Board of Grievances issued by Royal Decree No. (M/3) dated 22/1/1435 AH, and within the subject-matter jurisdiction of the Chamber pursuant to the decision of His Excellency the Chairman of the Administrative Judicial Council No. (44) of 1436 AH. As to the admissibility of the action, since the request for approval of the residential subdivision plan and the Defendant’s refusal to approve it constitute continuing decisions in respect of which the period for contestation remains open and is not limited to a specific period, and since the Plaintiff submitted several grievances to the Defendant concerning this claim, as evidenced by the Defendant’s correspondence attached to the Statement of Claim, without receiving any response, the Chamber therefore concludes that the action is admissible in form. As to the merits of the action, it is established from the case papers that the Plaintiff owns land in Al-Qurayyat Governorate, and it is established that he submitted an application for its subdivision, whereupon the plan was assigned No. (1421/2/8/20), and preliminary approval for the plan was issued by the Ministry of Municipal and Rural Affairs on 17/8/1423 AH. That approval stipulated that final approval would not be granted until the requirements set out in Ministerial Circular No. (15500) dated 26/3/1417 AH had been implemented. It is also established that the Urban Boundary Delineation Rules were issued pursuant to Council of Ministers Decision No. (157) dated 11/5/1428 AH, superseding and replacing the previous rules. It is further established that the Plaintiff completed the requirements imposed by the regulator at that time, but delayed completing them until after the aforementioned Urban Boundary Delineation Rules had been issued. Although the Defendant had granted preliminary approval to the plan that is the subject matter of the action, it made final approval conditional upon satisfaction of a condition. The legal meaning of a condition is: “that whose absence necessarily entails absence, whereas its existence does not necessarily entail existence or non-existence in itself.” Accordingly, since the Plaintiff did not complete the requirements imposed by the regulator at that time—set out in Ministerial Decision No. (15500) dated 26/3/1417 AH—no final approval of the plan came into existence, and the subsequent regulations applicable to the Plaintiff are the Urban Boundary Delineation Rules issued pursuant to Council of Ministers Decision No. (157) dated 11/5/1428 AH. It cannot be maintained that the Plaintiff should continue to be treated under the repealed regulation despite his failure to complete the requirements at the relevant time. The Chamber therefore concludes that the Defendant’s decision to refuse final approval of the plan that is the subject matter of the action is lawful until the Plaintiff completes the requirements set out in the Urban Boundary Delineation Rules issued pursuant to Council of Ministers Decision No. (157) dated 11/5/1428 AH, and consequently rules to dismiss the action.

Accordingly, the Chamber ruled: To dismiss the action filed by (...) against the Amanah of Al-Jouf Region.

May God grant success, and may God’s blessings and peace be upon our Prophet Muhammad and upon all his family and Companions.