On declaring illegal the decision of the akim on granting the right of paid land use (lease) of a land plot

No.6001-23-00-6ap/32 dated 07/19/2023

Plaintiff: K.A.

The defendant: akim of Yeltai rural district of Karasai district

The subject of the dispute: on the recognition of the illegal decision of the akim of June 8, 2015 on granting K. Yu. on the right of paid land use (lease) of a land plot

Review of the plaintiff's cassation appeal.

PLOT: The plaintiff is the owner of a land plot with an area of 0.1411 hectares, located at the address: region, K. district, rural district, village of B., M. street No. 79, with cadastral number 03-047-031-1262, intended for "personal housekeeping".

By the decision of Akim No. 06-136 dated June 8, 2015, K.Y. was granted a land plot with an area of 0.0545 hectares for temporary paid land use, located at the address: region, K. district, rural district, village of B., M. street No. 84 A, with cadastral number 03-047-031-1276, designated "for personal housekeeping". The land plots of K.Y. and K.A. are adjacent.

Judicial acts:

1st instance: the claim is dismissed.

Appeal: the court's decision remains unchanged.

Cassation: judicial acts are cancelled, the claim is returned.

Conclusions: Dismissing the claim, the local courts concluded that the contested decision was made on the basis of a positive opinion of the district Land Commission dated February 17, 2015, and in accordance with the requirements of land legislation. At the same time, the courts did not take into account the following circumstances when resolving the dispute on the merits.

In accordance with part five of Article 136 of the CPC, a person who has not participated in an administrative procedure, whose rights, freedoms and legitimate interests are affected by an administrative act, has the right to file a lawsuit within one month from the day when the person learned or could have learned about the adoption of an administrative act, but no later than one year from the date of its adoption.

It follows from the circumstances of the dispute that the plaintiff is not a participant in the administrative procedure, since the right was granted to K.Y. for an adjacent land plot. The contested decision was made on June 8, 2015, respectively, the deadline for filing a claim to challenge it for a person who did not participate in the administrative procedure for its adoption, including for the plaintiff, expired on June 8, 2016.

The one-year term stipulated by the above-mentioned norm of Article 136 of the CPC is curtailed and cannot be restored.

 

 

 

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