To oblige the Department to exclude from the register the notification of the beginning of construction and installation works
No.6001-23-00-6ap/1267 dated 11/23/2023
Plaintiff: District Prosecutor in the interests of the state
The defendants: KSU "Department of Urban Planning and Urban Studies" (UGPU), KSU "Department of Urban Planning Control" (UGC), RSE "Gosexpertiza"
Interested party: BM LLP
The subject of the dispute:
to recognize the actions of the UGPU in issuing architectural and planning assignment No. 788 dated March 26, 20219 (APZ) and approving a draft design for the construction of an administrative building dated January 23, 2020
No. KZ26VUA00171301, issued by A.G., illegal;
Oblige the UGC to exclude from the register the notice of the beginning of construction and installation works dated October 19, 2020 No. KZ59REA00196038 (notification of the CMP);
to oblige RSE Gosexpertiza to cancel the conclusion of the comprehensive non-departmental expert examination of the working draft dated July 23, 2020 No. 06- 0177/20
Review of the cassation appeal of the person concerned PLOT:
A.G. is the owner of a land plot with cadastral number 1, with an area of 0.01867 ha at the address: A. city, A. district, Prospect NB, plot 29/1.
On March 26, 2019, she was granted a permit for the design of the construction of an administrative building – a medical center (Facility).
On October 14, 2019, A.G. signed an agreement with BM LLP (LLP) on joint activities to combine the conditions for the construction of the above-mentioned facility.
On January 23 and July 23, 2020, the approval of the preliminary design and the positive conclusion of the RSE "Gosexpertiza for the Eastern region" were received, respectively.
On October 2 and 7, 2020, contracts for the provision of copyright supervision and technical supervision services were signed.
On October 19, 2020, a notification was sent about the CMP, which was included in the state register on October 20, 2020.
In December 2020, according to a complaint from residents of nearby houses of the Russian State University
The Committee for Construction and Housing and Communal Services of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan conducted an unscheduled inspection.
As a result, an order was issued to the UGPU to eliminate violations dated December 15, 2020, on the basis of which the APZ and the approval of the draft design were withdrawn. These actions were challenged by A.G. and LLP
"BM" in court proceedings.
I. On March 4, 2021, by the decision of the District court No. 2 (Court No. 2), the claim of A.G. and LLP
"BM" on challenging the actions to revoke the APZ and approve the draft design was partially satisfied. It is essentially decided:
to recognize the actions of the UGPU on the cancellation of the APZ and approval
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
