On recognizing as illegal the inaction of the akim on not providing land plots in compensation for the seized land for state needs, forcing the akim to issue a resolution on the seizure of land and the provision of equivalent land plots in compensation 

No.6001-24-00-6ap/3223 dated March 04, 2025

Plaintiff: A.T.

Defendants: akim of the city, State Institution "Department of Land Relations"

The subject of the dispute: on the recognition of the illegal inaction of the akim on not providing land plots in compensation for the seized land for state needs, forcing the akim to issue a resolution on the seizure of land and the provision of equivalent land plots in compensation.

Review of the plaintiff's cassation appeal

PLOT:

The plaintiff is the rightholder of a number of land plots, including those on which several poles of high-voltage power lines were erected.

On June 15, 2023, the plaintiff applied to the akimat of the city with an application for the seizure of land plots with a total area of 30 hectares, since this part of the land plot cannot be used for its intended purpose.

By the decree of the Akimat of the city dated October 16, 2023 "On the beginning of the compulsory alienation of a land plot", the procedure for the compulsory alienation for state needs of a land plot of 30 hectares belonging to the plaintiff on the right of private ownership has begun.

The date of the compulsory alienation is January 16, 2024.

On January 12, 2024, the plaintiff applied to the Akimat of the city with an application for the provision of a 22-hectare land plot located in the residential district of the city.

On February 1, 2024, the akimat replied that the requested land plot was not equivalent to the one being withdrawn.

The plaintiff filed this lawsuit with the court, stating that her rights were violated by the inaction of the akim, who did not complete the procedure for the seizure of the land plot.

Judicial acts:

1st instance: the claim is partially satisfied. It was decided: to recognize as illegal the inaction of the akim on not providing the plaintiff with land plots in compensation for 30 hectares seized for state needs; to oblige the akim to issue a resolution on the seizure of 30 hectares for state needs within a month and provide the plaintiff with a land plot of 30 hectares or land plots with a total area of 30 hectares located in the residential area of the city.

The rest of the claim was denied.

Appeal: the decision of the court of first instance is overturned, the claim is returned.

A private definition brought to the attention of the akim of the region about the fact of violation of land legislation in order to take appropriate measures.

Cassation: the decision of the appeal in this case is upheld. 

Conclusions: the general provisions and principles of compulsory alienation of a land plot for state needs are regulated by the Code, the Law of the Republic of Kazakhstan "On State Property" (hereinafter referred to as the Law), as well as other regulatory legal acts.

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases