Supreme Court Registrar rejects challenge to Eagle Hills Ras Malé agreement

The Supreme Court Registrar has declined to register a constitutional case seeking to invalidate the government’s agreement with UAE-based developer Eagle Hills for the Maldives Waterfront and Marina project in Ras Malé.

The case was filed by lawyer and former Kendhoo MP Ali Hussain, who challenged the decision to grant Eagle Hills more than 500 hectares of reclaimed land in Ras Malé under a 99-year arrangement. He sought to have the agreement declared unconstitutional and void.

The Registrar declined to accept the case on procedural grounds, stating that it did not fall within the categories of cases that can be filed directly with the Supreme Court as a court of first instance. The decision did not determine whether the Eagle Hills agreement itself is constitutional.

Under the Judicature Act, matters that can be filed directly with the Supreme Court include certain constitutional cases involving potential constitutional voids, disputes between state institutions over interpretation of the Constitution and constitutional matters concerning the public interest.

Hussain’s petition argued that the arrangement violated constitutional provisions governing state property and foreign interests in land. It also challenged provisions allowing developed properties to be leased to third parties.

The Registrar’s decision can be referred to a panel of Supreme Court justices for review.

The challenge relates to the Maldives Waterfront and Marina project, for which the Government of Maldives and Eagle Hills signed a commercial terms agreement on 21 September. The planned Ras Malé development is expected to include hotels and resorts, residences, a marina, waterfront promenades, retail, dining, entertainment, wellness, education, healthcare and community facilities.

Eagle Hills has said properties within the development will be offered under a long-term leasehold framework of up to 99 years, with transfers subject to government approval and registration.