The FBRK editorial office was contacted by members of the consumer cooperative (CC) "Nurly", who have faced the loss of their dacha plots 50 kilometres from Astana. The land plots were relocated due to the risk of flooding, and then subsequently given away to other parties. However, to understand this complicated situation, we need to go right back to the beginning.
In 2007, by a resolution of the akim of the Tselinograd district of the Akmola region, a land plot of 1041 hectares, located in the Talapker rural district, was transferred into the private ownership of JSC "Astana-Өnіm" for horticulture and the establishment of dacha estates.
In 2008, "Astana-Өnіm" began selling small plots on this territory. The new owners established CC "Nurly", which was responsible for organising construction, signing contracts, and paying for the development of the dacha estate.
Admittedly, there was one catch. The plots were located in a flood risk zone, of which the owners were, of course, aware. On the recommendation of the Ministry of Emergency Situations of the Republic of Kazakhstan, in 2010 the cooperative decided that relocation of the estate was necessary.
The joint-stock company took responsibility and purchased a plot of 305 hectares in a safe zone, to which the dacha plots were moved in 2011.
The Justice Department of the Tselinograd district issued the owners of the relocated plots a certificate of assignment of a new address for making changes to the unified state database. They were assured that there was no need to issue new state land acts, as the plots were located within the same cadastral block. 695 owners of dacha plots received certificates of address change.
It would seem that should have been the end of the matter. However, in 2022, the owners of the relocated plots began to raise the alarm when it emerged that the akimat of the Tselinograd district had leased out their dacha plots on a long-term basis. Moreover, it appears the akimat made this decision even during the development phase of these territories.
We have taken a specific situation arising from the above events as an example. One of the dacha plots, measuring 0.1 hectares, was relocated in 2011 to a safe territory in the Kyzylsuat rural district (formerly Talapker rural district), agreed upon with the "Nurly" cooperative. The owner, as required, received a certificate of assignment of a new address.
According to the source, in November 2022, the owner discovered that the akimat of the Tselinograd district had granted this plot to another person on lease for 2 years. It should also be noted that the owner did not receive any notification and found out about the situation purely by chance.
The landowner took the case to court, demanding that the akimat's resolution be declared illegal. The akimat, for its part, justified its actions by claiming that at the time the plot was leased out, it was supposedly in state ownership.
It appears that the akimat was either unaware of the relocation of the dacha estate for some reason, or simply ignored this decision. Although there is documentary evidence that the 305 hectares of land were purchased specifically for the purpose of establishing the dacha estate, which was agreed upon with the akim of the Tselinograd district.
In court, the RSU "Department for Land Resource Management of the Akmola Region" confirmed the violation by the akimat and supported the landowner's claim. The CC "Nurly", on the other hand, argued that the fault lay with the plot owner, as the latter had not carried out land surveying works. Although "Nurly" had not given any prior notice about any such works, and the landowner himself was paying his membership fees regularly.
In November 2023, the court partially upheld the landowner's claim, ruling that the akimat's decision to grant the plot on lease was illegal. The court also ordered that information about the incident be brought to the attention of the akim of the Tselinograd district to prevent such cases from recurring.
As of today, according to our information, 200 relocated plots are disputed. Whether the information about the situation failed to reach the akim, or whether it proved futile at this stage, remains unclear.
In December 2023, the SI "Department of Land Relations of the Tselinograd District" together with the akimat filed a private appeal against the court's decision. The court dismissed the appeal on the grounds that the application was submitted jointly with an interested party.
In February 2024, the lessee themselves filed a private appeal, insisting on their right to temporary land ownership. Despite the lessee's direct participation in the court proceedings, the claim was accepted for consideration.
The FBRK editorial office has sent official inquiries to the Committee for Land Resource Management (CLRM) of the Republic of Kazakhstan and Antikor to ascertain why several owners hold title to the same land plot, where the truth lies, and what specific actions the competent authorities intend to take regarding this situation.