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The court decision on the transfer of the land plot was not enforced in Almaty

Submitted by Вера Александрова on

The document has been returned to the Almaty court without complying with the orders, according to which part of the land plot of one of the residential complexes should have been transferred to the state.

According to Ratel.kz, residents of the 'Ak Bota' residential complex had previously complained about the endless flow of cars, vehicle noise, and exhaust fumes. The issue is that a public road runs through the territory of the residential complex; however, according to the city's master plan, it should be several metres further east than its current position.

This happened because the developers of the neighbouring 'Tau Shatyr' residential complex had previously blocked the road to expand their territory, and the new road ended up crossing private land belonging to the 'Ak Bota' residential complex.

In November last year, the Almaty akimat won a lawsuit against the owners of the 'Tau Shatyr' residential complex.

"The decision to initiate enforcement proceedings states the need to reclaim the illegally occupied plot and bring the plot boundaries into line with its legal boundaries by demolishing the fence, security booths, and barriers", the statement says.

Despite this, local residents prevented court bailiffs and the police from doing so, and on 6 September the enforcement document was returned to the court without being executed.

Meanwhile, journalists reminded the akim of Almaty, Yerbolat Dosayev, of the non-execution of the court decision during his annual briefing session.

The city mayor was asked whether the akimat was interested in resolving the situation regarding the disputed land plot.

"Not yet. If a court decision was made within the legal framework, there should also be judicial administration. This falls either under private bailiffs or the Department of Justice of the city of Almaty, and within this framework a decision will be made between the two residential complexes that are disputing which land plot belongs to whom", the akim replied.