Sochi Court Orders Land Provision for SMO Veteran
The judicial panel found the administration«s reasons for denying the land plot unfounded.
The judicial panel for administrative cases of the Krasnodar Krai Court considered an appeal against the decision of the Central District Court of Sochi, which found unlawful the Sochi administration«s refusal to preliminarily agree on the provision of a land plot to a Special Military Operation (SMO) participant.
The plaintiff is serving in the zone of the special military operation and is a combat veteran, therefore having priority right to the provision of a land plot. He applied to the Sochi administration with a request for agreement on the provision of a land plot for gardening, attaching the necessary documents. The Sochi administration refused the applicant due to non-compliance with the parameters of driveways between plots, as well as due to the possible formation of land fragmentation and, consequently, irrational use of land.
The court, having examined the materials, concluded that the administration«s refusal decision was unjustified.
It has been established that the reason for the refusal regarding non-compliance with the parameters of driveways between plots does not correspond to reality, as the defendant applied parameters for an urban district, not a rural area. It has also been established that when drawing up the plot scheme, the cadastral engineer observed all necessary dimensions. Other reasons for the refusal were also not confirmed in the court session,according to the statement from the united press service of the courts of Krasnodar Krai.
The court found unlawful the decision to refuse preliminary agreement on the plot and obligated the Sochi administration to rectify the violation of the applicant«s rights and reconsider his application.
The administration did not agree with the district court«s decision and attempted to challenge it. However, the appellate court left it unchanged. Moreover, the judicial panel issued a private ruling to the head of Sochi, pointing out the violations committed. The decision has entered into legal force. Furthermore, the administration is obligated to notify the court of the execution of the decision.
