News

The Court Closes Eye on Illegalities that Take Place on Nalbandyan 106/1 Street

03.11.2011

On the 31st of October Yerevan Kentron and Nork Marash district court (judge-G. Khandanyan) rejected the suit of the 9 residents of Tumanyan, Nalbandyan, Avag Petrosyan and Sayat-Nova streets against "Avag Shin" LLC.

The plaintiffs demanded from "Avag Shin" LLC ceasing illegal construction on Nalbandyan 106/1 street, which started in May 2011.

"When making the decision the court took one thing into consideration, i.e. the fact that at that moment (during the examination of the suit) the constructor had stopped the building processes. The activities realized there are qualified as deconstruction, which are not considered as construction work, therefore he didn't address this issue", said the representative of the interests of the plaintiffs, lawyer of "Transparency International Anticorruption Center" NGO Heriqnaz Tigranyan. 

The arguments of Tigranyan presented at court which prove that "Avag Shin" LLC realized logging and construction without having legal documents, were not taken into considerations.
The plaintiff side presented the court with photos and videos, where trees that bore damages as a result of construction works, are observed. The court, however, took into consideration the words of the lawyer of "Avag Shin"LLC, who denied the fact of logging.

"The Law on Environmental Assessment was violated, the convention of the citizens' rights to information was violated, without approval of the documents on construction, the construction had started and already three times the picture of the projection of the building was changed", says the lawyer H. Tigranyan.

The plaintiff considers the decision of the court as violation of principles of justice. Whether the decision of the court will be appealed or not, the lawyer is not sure, since it isn't yet agreed with the residents. But she assures that the residents are determined and will continue the "fight" against the illegal construction. 

With another suit on the construction of Nalbandyan 106/1 Street Sedrak Baghdasaryan, the president of "Victims of State's Needs" NGO is in the court of appeal. With official letter he demanded from the city hall to present the residents with the financial guarantees of the "Avag Shin" LLC. The city hall rejected it, reasoning that this document is a financial secret. Sedrak Baghdasaryan applied to RA District Court demanding to obligate the city hall to present the document, however the court rejected (judge- Karine Baghdasaryan) with the June 14, 2011 decision.

Sedrak Baghdasaryan reminds, that the illegalities on Nalbandyan 106/1 Street started when the area was privatized. According to him, "Avag Shin" LLC obtained privatization right on 24th of May, 2010. However, the area was used for state needs 4 months later with RA Government decision of September 9, 2010 on "Announcing the area surrounded by Tumanyan, Nalbandyan, Avag Petrosyan and Sayat-Nova streets as eminent domain". "Thus before announcing the area as eminent domain, the police sold the state building of the kinder-garden, which was illegal", says "Victims of State Needs" NGO president.

Mary Alexanyan

Source: www.hra.am