It is noteworthy that the market price of a land plot purchased for state needs is subject to determination at the time of receipt of notification by the defendant
Due to the fact that the defendant O. refused to sign the draft purchase and sale agreement, disagreeing with the estimated value of the land plot taken for state needs, the mayor of Shymkent filed a lawsuit to the court for the forced alienation of the land plot in connection with the seizure for state needs. By the decision of the Specialized Interdistrict Economic Court of South Kazakhstan region dated 16.11.2012, the claim was partially satisfied, and a land plot with an area of 0.0184 hectares was purchased and forcibly alienated from an individual entrepreneur O. for state needs for 1,545,092 tenge. By the decision of the Appellate Judicial Board of the South Kazakhstan regional court on civil and administrative cases dated 22.01.2013, the court decision was left unchanged. In the cassation appeal, the defendant O. indicated that the courts did not correctly assess the circumstances of the case, the price of the land plot was incorrectly determined, asked to cancel the judicial acts and make a new decision to leave the claim unsatisfied. In the cassation appeal of the plaintiff's representative and in the Cassation protest of the prosecutor of the region, the courts, when determining the value of the land plot to be withdrawn for state needs, indicated that the market value at the time of the examination was unreasonably withdrawn and asked to change the judicial acts. The Judicial Board of Cassation considered that judicial acts are subject to change in connection with the following grounds. In accordance with paragraph 3 of Article 67 of the law of the Republic of Kazakhstan" on state property", the market value of a land plot or other immovable property alienated in connection with the seizure of a land plot for state needs is determined by an independent appraiser in accordance with Article 208 of this law upon receipt by the owner or land user of a notification of forced alienation in connection with the acquisition of a land plot for state needs.
It is noteworthy that the market price of a land plot purchased for state needs is subject to determination at the time of receipt of notification by the defendant
According to the case documents, according to the resolution of the mayor of Shymkent No. 528 dated 18.05.2011, the land plot of the defendant O. on the street A. of Shymkent, with an area of 0.0184 hectares, was to be purchased for state needs. 20.05.2011 with a notification /warning number No. 3927 / O. it is reported that its land plot is subject to receipt for state needs. On the basis of this resolution, the Department of land relations of the city of Shymkent issued a decree "E.S " LLP concluded an agreement on the valuation of a land plot.«E.S. According to the evaluation report of LLP No. 668/1 dated 29.09.2011, the cost of the land plot is estimated at 1,478,539 tenge. In connection with the refusal of the defendant to sign the draft contract for the purchase of a land plot, not agreeing with the estimated value of the land plot, the mayor of Shymkent filed a lawsuit in court. In order to determine the market value of the land plot during the dispute resolution, the court of First Instance appointed a construction and commodity Science examination, according to the results of the latter No. 4129 dated 14.11.2012, the market value of the land plot for the period of the survey was 1,545,092 tenge. When establishing that 1,545,092 tenge is subject to recovery to the defendant for a land plot received for state needs, the court of first instance did not take into account the requirements of Article 67 of the law "on state property", that is, it was ignored that the market price of the land plot received by the defendant is subject to determination at the time of receipt of notification. And the construction and commodity examination determined the market value of the land plot as of the date of the examination. In this case, the Cassation judicial board considers the arguments of the cassation appeal of the plaintiff's representative and the Cassation protest of the prosecutor to be justified. The defendant's argument in the cassation appeal that the purchased land plot is subject to payment of 4,992,000 tenge in the purchase and sale agreement was evaluated by the courts of first and appellate instance, and their conclusion on this is justified. The complaint was filed by the mayor of Shymkent on 18.05.2011. The board found that the decision No. 528 provided for the possibility of granting other land plots to the owners of land plots does not serve as grounds for violating judicial acts, since the parties had to resolve this issue before the court, and the mayor of Shymkent filed this statement of claim to the court due to the lack of mutual agreement between the parties. The courts of the first and appellate instance correctly identified and correctly determined the range of circumstances relevant to the case, however, they allowed an error in applying the norms of material law. Therefore, judicial acts issued in the case are subject to change depending on the above grounds. The decision of the Specialized Interdistrict Economic Court of the South Kazakhstan region dated 16.11.2012 and the decision of the Appellate Judicial Board for civil and administrative cases of the South Kazakhstan regional court dated 22.01.2013 were amended. The cost of a land plot purchased for state needs has been reduced from 1,545,092 tenge to 1,478,539 tenge. The decision and other parts of the resolution were left unchanged. The cassation appeal of the plaintiff's representative and the Cassation protest of the prosecutor were satisfied.
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