A private ruling was issued on the Violation of Article 44 of the Land Code: provision of land for the construction of facilities

The decision recognized as illegal the actions of the akim to issue a resolution "On granting LLP the right of temporary paid land use on a land plot", as well as a positive conclusion of the NGO "Government for Citizens".

The court found that the LLP had requested land plots belonging to another LLP, the latter being the owner of the real estate under a purchase and sale agreement.

The resolution of LLP – 1 granted the right of temporary paid land use for a land plot for a period of three years for the construction of the plant.

In fact, LLP – 1, knowing about the existence of a land plot next to a legal address, formally submitted an application for assigning an address to a site that already has a legal address and buildings.

The fact of the land plots overlap is confirmed by the conclusion of the specialist TOPO Geodesy.

In addition, this fact is confirmed by the act of field survey, which shows that at the time of the survey and the conduct of desk work, it was revealed that this land plot belongs to LLP – 1 based on the data of the act of choosing a land plot for the construction of the facility.

Thus, the actions of government agencies led to significant violations of land legislation and served as the basis for the issuance of illegal administrative acts.

 

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