Some time ago, the FBRK editorial team reported on a convoluted case that occurred at the ‘Nurly’ consumer cooperative (CC), where over 200 landowners lost their plots because the akimat of the Tselinograd district had leased these plots to other people. We have learned new details of this confusing case.
As we previously reported, in 2007 JSC ‘Astana-Өnіm’ purchased a plot in the Talapker rural district to establish a dacha complex, which was sold off after being segmented into individual plots. The new landowners created the ‘Nurly’ CC.
In 2010, on the recommendation of the Ministry of Emergency Situations of the Republic of Kazakhstan, the dacha complex was to be relocated due to the risk of flooding. To this end, JSC ‘Astana-Өnіm’ bought a safe plot along the Astana-Karaganda highway in the area of the 41st siding.
The owners of the dacha plots, as expected, received certificates of address change. However, in 2022, the landowners discovered that the akimat of the Tselinograd district had leased their relocated plots to completely different people.
The akimat told the owners that their land plots had never been relocated to the area of the 41st siding and were still located ‘on the dam’. That is, according to the akimat's version, 215 dacha plots were left in the flood zone contrary to the recommendations of the Ministry of Emergency Situations.
The land commission, which issued a positive decision on leasing the disputed plots, based its conclusion on the plans provided by the registration and land cadastre department of the Tselinograd district.
In court, the district akimat first argued its actions by stating that the owners of the relocated plots had not carried out land management works, and later claimed that since the boundaries were not established on the plans, the land was state-owned.
All these coincidences seem highly suspicious: first the plots were forgotten to be moved, then somehow private property became state property. As a result of all these ‘coincidences’, both the landowners and the lessees suffered. Moreover, this all happened under the nose of the chairman of the ‘Nurly’ CC, who, according to our information, collected fees from both parties.
We have learned a version of who could have transferred the privatised plots to third parties and how.
Sources report that representatives of the ‘Nurly’ CC allegedly obtained powers of attorney from the new buyers of the land plots, after which they approached employees of the district registration and land cadastre department of the NJSC ‘State Corporation ‘Government for Citizens’ for the Akmola region. The latter, having access to the AIS LKC databases, unreasonably moved the landowners' plots from the 41st siding back to the ‘dam area’. Simply put, they cleared the space for a new owner.
During the court proceedings, specialists from the Department for Land Resource Management (DLRM) for the Akmola region established that, in the archive documents of the AIS LKC, the disputed land plots indeed belonged to JSC ‘Astana-Өnіm’, meaning the akimat of the Tselinograd district had no right to dispose of them. It is also unclear how employees of the district registration and land cadastre department could have missed this information.
Furthermore, it turned out that the land cadastre file lacks documents on land management works. In other words, the documents on the segmentation of the plot, carried out by JSC ‘Astana-Өnіm’, magically disappeared, which, incidentally, is extremely convenient for the akimat.
Now the deceived landowners are forced to run through the courts seeking justice. The estimated total damage to all 215 owners amounts to about 860 million tenge.
We sincerely hope that this situation will be resolved soon and that those responsible will be punished. At the same time, what has happened shows the extent of anarchy possible in state bodies.