A resident of Pavlodar has won a court battle to overturn a local government decision to transfer a public land plot, which includes a parking lot and utility networks, into private ownership. The ruling was issued by the Cassation Court, according to infohub.kz.
The owner of an adjacent plot challenged the akimat's resolution, arguing that the disputed territory is public land, with utility lines and a parking lot on it. The courts of first instance and appeal dismissed the lawsuit, but the cassation instance sided with the woman.
It turned out that at the time the akimat issued the resolution to transfer the plot into private ownership, it was indeed public land, and the procedure to change its status had not been carried out. Moreover, the requirements of land legislation were not met when approving the transfer.
"Furthermore, the lower courts failed to properly assess the presence of utility lines and other significant circumstances of the case," the court noted.
The Cassation Court emphasized that the legality of a state body's decision must be assessed based on the legislation in force at the time it was made. Ultimately, the highest instance overturned the previous court rulings, fully satisfied the woman's lawsuit, and declared the akim's resolution illegal.