A resident of Shymkent won compensation through the courts for a plot of land that was expropriated for state needs. The court recognised that the owner's rights had been violated and ordered the state body to pay full compensation.
HOW THE DISPUTE OVER THE LAND PLOT AROSE
The case was heard by the Inter-District Civil Court of Shymkent. The plaintiff is the owner of a land plot measuring 0.1900 hectares.
According to a resolution of the Shymkent city akimat, the plot was subject to compulsory purchase for state needs with compensation. The amount of compensation was set at 46 million tenge, but the owner disagreed with this sum.
Subsequently, the Shymkent city akimat filed a lawsuit in court seeking the compulsory acquisition of the plot. However, upon the plaintiff's application, this lawsuit was left without consideration.
THE PLOT WAS TAKEN, BUT COMPENSATION WAS NOT PAID
As the court established, after this the Shymkent akimat took no further steps to carry out the procedure for compulsory land acquisition.
Despite this, the plot was effectively taken based on the adopted resolution. A public highway now runs on the site.
Meanwhile, compensation was not paid to the owner, even though the plot was taken back in 2020.
EXPERT VALUATION PUTS A HIGHER PRICE ON THE PLOT
During the proceedings, a forensic construction and technical examination was carried out.
According to its findings, the market value of the land plot is 83,419,500 tenge.
COURT DECISION
Following the case review, the court upheld the claim.
The State Institution "Department of Land Relations of Shymkent City" is obliged to pay the plaintiff 83,419,500 tenge in compensation for the land plot taken for state needs.
In addition, the court issued a private ruling to bring information about the violations found to the attention of the akim of Shymkent city.
The court emphasised that the compulsory acquisition of a land plot for state needs must be carried out by the competent state body in accordance with the procedure established by law. In this case, that procedure has still not been completed to date, despite the fact the plot had effectively been taken.
The court decision and the private ruling have entered into legal force.