Recognition of the action of the mayor to seize a land plot without a court decision as illegal
Dated May 13, 2025 No. 6001-24-00-6ap / 3489
Claimants: B. and B.
Defendant: akim of the district (hereinafter – the akimat), the state institution "Department of agricultural and land relations of the District" (hereinafter – the Department), the branch of the non – profit Joint Stock Company "State Corporation" Government for citizens" in the region (hereinafter – the branch), the state municipal enterprise "t" of the Regional Department of Agriculture (hereinafter-the Enterprise).
The subject of the dispute: on the recognition of the Akim's actions to seize the land plot located under the structure of the P-4 canal and without a court decision as illegal, on the recognition and cancellation of the Akim's decisions as illegal, on the recognition of the parties to the original position of the actions to remove the details related to the structure of the P-4 canal and the land plot located under it.
Review of the Cassation complaint of the plaintiffs
The essence of the case: by the resolution of the general meeting of the founders of the P-4 hydromelioration condominium dated March 1, 2004, 8 peasant shared owners of the Central Water Canal P-4, the right to use the water canal P-4 hydromelioration condominium was temporarily transferred to the management of the farm "K" for a short period of 5 (five) years.
Based on the results of the District Land Rights Commission No. 11 dated April 20, 2004, by the resolution of the district Akim No. 732 dated April 26, 2004, a land plot of 9,000 square meters under the P-4 canal, located on the territory of the district, was leased for 49 years by the head of the farm "K" Yu.
Y. Azamat died on March 18, 2018.
According to the Law No. 2709 certified by a private notary A. on the basis of a certificate of the right to inheritance, it is indicated that Yu. 's wife B. owned a land plot with a total length of 7340.0 square meters located in 174 Orm No. 002 on the territory of the District P-4 canal and a land plot of 9000 square meters under it, leased for 49 years.
In accordance with the decision of the District Court of the region dated March 13, 2023, which entered into legal force, the Akim of the district dated April 26, 2004
Resolution No. 732, on the lease of a land plot dated April 22, 2011
Agreement No. 2285, a part of recognition by a private notary as the heir to a land plot, is declared invalid.
By the decision of this court, the founders of the P-4 Hydro-reclamation condominium, which consists of 8 farms, are: "D", "B", "M","H",
The general meeting of peasant farms" D"," K"," A " in 2004
On the basis of the resolution of March 1, 8 peasant share owners of the Central Water Canal P-4, p-4 Hydro-reclamation condominium water
the right to use the canal was temporarily transferred to the management of the farm "K" for a short period of 5 years.
However, in accordance with the minutes of the general meeting of peasant farms" D"," B"," M"," N"," D"," K"," A "dated December 7, 2006, by the resolution of March 1, 2004, the term of temporary transfer of the right to use the Hydromilitary condominium P-4 to the trust management of peasant farm" K " was terminated from January 1, 2007.
Judicial acts:
1st instance: by the decision of the Specialized Interdistrict Administrative Court of July 22, 2024, the claim was dismissed.
Appeal: by decree, the decision of the court of first instance is left in force.
Cassation: judicial acts left in force.
Conclusions:
It is established that the initial resolution of 8 farms dated March 1, 2004 on the temporary transfer of the right of operation of the water canal of the P-4 Hydro-reclamation condominium to the trust management of the farm "K" has no legal force.
In connection with these grounds, resolutions No. 114 of March 11, 2024 and No. 142 of April 1, 2024 on the transfer of land plots together with real estate to the municipal property of the region were adopted by the defendants within their competence.
In this case, the decision to refuse to satisfy the claim by local courts is justified.
The content and essence of the cassation appeal is unified with the arguments, arguments presented in the claim, as well as with the explanations given at the court session.
In this case, taking into account the absence of new evidence in the cassation appeal, assessing the circumstances established in the courts in the case, the judicial board concluded that the contested judicial acts were adopted on the principle of reasonable, reasonable and impartial.
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