On the recognition of illegal actions to include the coordinates of the land plot in the land management project

No.6001-23-00-6ap/822 dated 08/14/2023

Plaintiff: "E" LLP

The defendants: NAO "Government for Citizens State Corporation", State Institution "Department of Land Relations of the district".

Interested person: KX "A".

The subject of the dispute is the recognition of illegal actions to include the coordinates of the land plot in the land management project, the issuance of an order approving the land management project, and the action to add the coordinates of the land plot.

Review of the cassation appeal of the person concerned.

PLOT: The partnership filed the above-mentioned lawsuit against the NAO and the Land Relations Department, arguing that the coordinates of the KH "A" land plot indicated in the land management project, subsequently included in the AIS GZK, are superimposed with their land plot.

Judicial acts:

1st instance: the claim is partially satisfied, the actions were declared illegal by issuing an order:

- Department of Land Relations No. KZ19VBG01050692 dated May 31, 2022 on approval of a land management project for the formation of a land plot located within the administrative boundaries of a rural district of the district with a total area of 90.0 hectares of agricultural land for farming (cadastral number 01-001-009-427);

- NAO "Government for Citizens State Corporation" for entering the coordinates of the specified land plot into the AIS GPC.

Appeal: the decision of the court of first instance remains unchanged.

Cassation: judicial acts are upheld.

Conclusions: In accordance with subparagraph 1) paragraph 16 of the Rules for the implementation of land management works for the development of a land management project, approved by Order of the Minister of National Economy of the Republic of Kazakhstan No. 379 dated May 6, 2015 (in force at the time of approval of the land management project), the developer of the land management project, the prepared land plan and its list of coordinates of angular turning points is transmitted to the NAO, to verify the correspondence of the location of the projected land plot to the graphical data of the automated information system of the state land cadastre.

In case of inconsistency of the location of the projected land plot with the graphical data of the AIS GZK (overlaps, mismatch of location, incorrect area data, line measures, configurations and coordinates of the land plot according to the data provided, the presence of encumbrances and restrictions), the State Corporation returns the land plot plan and its list of coordinates of angular turning points to the developer with the scheme of superimposition of the boundaries of the land plot according to Appendix 1 to these Rules, within 15 calendar days from the date of receipt.

The local courts, partially satisfying the plaintiff's claims, concluded that land management measures for the disputed land plot were carried out before the conclusion of the lease agreement dated April 24, 2018.

At the same time, attention was drawn to the fact that the land management project of 2018 was not approved by the Land Relations Department.

In this regard, they were not included in AIS GPC. The circumstances established in the case indicate that at the time of the land management work in relation to the disputed land plot, there were data and coordinates related to the Partnership's land plot.

Consequently, if information about the rights to the same land plot was found in the AIS GZK, the NAO employees carrying out land management work should have returned the appeal, indicating the identified circumstances that block further land management work.

 

 

 

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