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A FOOD Manufacturing Company has dragged the Lusaka City Council (LCC) to court for allegedly allowing the construction of an illegal structure near its premises, claiming it is a hazard to its food storage.

In a statement of claim filed in the Lusaka High Court, Royal flour mills limited claimed that LCC had breached the local government act which gives it the responsibility to protect public health.

It claimed that on or about 2016, unknown persons constructed illegal structures on the road reserve which is in proximity to its premises and the said structures had led to the blockage of the drainage.

The food company said it would aver that the drainage blockage had affected its underground tunnels which were linked to its wheat storage and had also negatively affected its underground machines.  It said it would demonstrate during hearing that the LCC had at all material times contrary to its function to control and prohibit the development of buildings in the interest of public health and safety failed to prohibit the erection of the said illegal structures.

“In breach of section 62 of the local government act, LCC has failed to prohibit the development and erection of an illegal structure on the road reserve adjacent to the plaintiff’s property,” reads the statement of claims.

The food company claimed that LCC despite being reminded failed to remove the illegal structure and the said failure had prevented it from carrying out maintenance works on its underground machines.

“The plaintiff’s underground premises are water logged owing to the blockage of the drainage,” reads the claim.

And now the food company wants damages for breach of statutory duties and an order that the council pulls down and demolishes the illegal structures.

It further sought any other reliefs that the court may deem fit.

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