On the cancellation of the pre-project decision of the deputy akim

No.6001-23-00-6ap/182 dated 08/29/2023

Plaintiff: "E" LLP

Defendant: State Institution "Office of the akim of the region", State Institution "Department of Agriculture and Land relations of the Koksu district".

The subject of the dispute: on the cancellation of the pre-project decision of the deputy akim of the district of the region No.ZT-2022-01493245 dated April 11, 2022 and on the obligation to provide a land plot with an area of 19.7 hectares at the Bizhe deposit from the lands of the district for the extraction of construction sand in accordance with the license for the extraction of common minerals No. 116 dated February 02, 2022.

Review of the plaintiff's cassation appeal.

Judicial acts:

1st instance: the claim is satisfied.

Appeal: the court's decision is overturned, the claim is returned.

Cassation: the appeal ruling is upheld.

Conclusions: The Court of Appeal reasonably concluded that the decision of the court of first instance is subject to cancellation in full with the return of the administrative claim of the LLP due to the fact that the pre-draft decision of the deputy akim of the Koksu district appealed by the plaintiff is not an administrative act provided for by law, which is subject to appeal in accordance with the procedure provided for by the APPC.

In case of refusal or satisfaction of the plaintiff's application, the akim of the district should have issued a resolution, which is subject to judicial challenge.

As the representative of the plaintiff explained at the court hearing of the cassation instance, currently the akim of the district has issued a decision to refuse to satisfy the LLP's application for the provision of a land plot, which they are going to appeal in court.

Also, the court of appeal correctly indicated that the Office of the Akim of the district of the region indicated in the claim could not be a defendant in the case, the proper defendant in land disputes was the akim of the relevant administrative-territorial unit.

 

 

 

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