On recognition of the act of acceptance of the constructed facility into operation by the owner as illegal
No. 6001-22-00-6ap/1782 dated 02/07/2023
Plaintiff: P.N.
Defendant: State Institution "Department of Land Relations, Architecture and Urban Planning of Karkaralinsk district" and State Institution "Office of Akim of the city of Karkaralinsk"
The subject of the dispute: on the recognition of the act of acceptance of the constructed facility into operation by the owner of V.S. independently, registered for
No. 30 dated April 1, 2015 in the State Institution "Department of Land Relations, Architecture and Urban Planning of the Karkaralinsky district", as well as registered under the cadastral number 09-143-003-832 dated May 13, 2015 in the Department of Justice of the Karkaralinsky district, illegal
Review of the plaintiff's cassation complaint PLOT:
P.N. filed a lawsuit with the court, arguing that on April 1, 2015, V.S. drew up act No. 30 of acceptance of the built facility into operation by the owner on his own. According to this act, V.S. built an apartment building and outbuildings on a plot with cadastral number 09-143- 003-832.
The specified act was registered on April 1, 2015 in the Department of Land Relations, Architecture and Urban Planning of the Karkaralinsky district. The rights to the objects indicated in the act were registered on May 13, 2015 in the Department of Justice of the Karkaralinsky district.
The plaintiff challenged the act of acceptance, as well as the registration of objects dated May 13, 2015, since waste from the neighbor's cattle yard flows from the barn and chicken coop built by V.S., interspersed with meltwater under the foundation of the plaintiff's house. In addition, according to the plaintiff, V.S. violated the requirements of land legislation during the construction of these facilities.
Judicial acts:
1st instance: the claim was denied.
Appeal: the decision remains unchanged.
Cassation: the decision and the resolution are cancelled, the claim is returned.
Conclusions:
The courts of previous instances overlooked the fact that the act of acceptance of the built facility into operation by the owner was independently registered on April 1, 2015. The rights to the objects specified in the act were registered on May 13, 2015.
According to the fifth part of Article 136 of the CPC, a person who has not participated in an administrative procedure, whose rights, freedoms and legitimate interests are affected by an administrative act, has the right to file a lawsuit within one month from the day when the person learned or could have learned about the adoption of an administrative act, but no later than one year from the date of its adoption.
Based on the meaning and content of this provision, the one-year period specified in it is curtailed and cannot be restored.
In accordance with the eighth part of Article 136 of the CPC, the inability to restore the missed deadline for applying to the court is the basis for returning the claim.
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