Recognition of illegal refusal to approve the land cadastre plan and preparation of the draft resolution of Akim
No. 6001-22-00-6ap/1445 (2) dated 06.06.2023
Plaintiff: K.U.
The defendants: KSU "Management of land relations of the city"
Interested parties: O.A. and O.M.
The subject of the dispute: on recognizing as illegal the refusal to approve the land cadastre plan and the preparation of a draft resolution of the akimat of the city and on the obligation to approve the land cadastre plan and prepare a draft resolution of the akimat
Review of the cassation appeal of the persons concerned
PLOT:
On September 22, 2021, K.U. issued an act of choosing a land plot No. 23 with an application for APS, technical specifications for connection to engineering networks of a printing house on a land plot in the city, horticultural association "D" (hereinafter referred to as the disputed land plot).
The plaintiff applied to the Department with an application for approval of the WKD and preparation of a draft resolution of the Akimat on granting the right to a disputed land plot with an indication of turning points.
On 10/22/2021, the Office refused to approve the WKD and the preparation of the draft resolution, since the attached WKD was not approved by the Office. Based on a letter from the Department of Energy Efficiency and Infrastructure Development of the City of Almaty, the requested land plot is necessary to accommodate a transformer substation with additional capacity.
Disagreeing with this refusal, the plaintiff appealed to the Management.
On 11/15/2021, the Department responded that it was not possible to provide a land plot, since in order to reduce emergency situations and increase the district's capacity, a transformer substation is planned to be located on the requested land plot.
Judicial acts:
1st instance: the claim is satisfied.
Appeal: the decision remains unchanged.
Cassation: judicial acts are cancelled, the case is sent for a new examination to the court of first instance.
Conclusions:
The local courts, satisfying the claim, motivated by the fact that the refusal of the Administration to approve the Housing and communal Services and prepare a draft resolution of the Akimat granting the right to the land plot is illegal, violating the rights and protected legitimate interests of the plaintiff.
The court of cassation found that T.S., on the basis of the purchase and sale agreement dated 03.11.2006, owns a land plot with a total area of 0.153 hectares, the garden partnership "M, plots No. 1 and 2.
When T.S. applied to the Office to obtain a land management project, it turned out that the disputed land plot was located within the boundaries of the land plot belonging to the latter.
According to the statement of T.S., the act of choice dated 09/22/2021, issued to the plaintiff K.U., was annulled.Despite these circumstances, K.U.'s claim was satisfied by the courts without involving T.S., whose rights and interests are directly affected by the adopted judicial acts.
Taking into account that the significant violations committed by the courts cannot be eliminated in the framework of the cassation proceedings, the contested judicial acts were annulled with the referral of the case for a new examination to the court of first instance.
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