Background

On 26 April 2017, Absolute Business Trade LLC, a subsidiary of Golden House Development (1) sent a letter to the Tashkent Khokimiyat requesting that they allocate the company a land plot for the construction of multi-story houses between the streets of Mirabad and Nukus in Tashkent (2).

On 8 August 2017, the Commission on the Study of the Practise of Granting Land Plots in Tashkent issues decision no. 122, which allocates the land plot to the developer, and, subject to the demolition of the buildings on the site and compensation to their owners, allows the company to build the residential and non-residential multistorey buildings (2).

On 9 September 2017, decision no. 1218 was then issued by the Tashkent City Khokim, R. Usmanov, leasing a 6-hectare plot of land between Mirabad and Nukus streets in Tashkent to Absolute Business Trade LLC (2). The land was allocated to the company for permanent use, and for construction of multi-story residential and commercial buildings subject to demolition of existing buildings and compensation for damage (2).

One of the buildings on Mirabad Avenue (no. 7) was owned by Dilmurod Mirusmanov (3). This house is inhabited by four related families (incl. Dilmurod’s own) and had a total of 15 people living in it, 9 of which were children (4). Dimurod says the children in the house go to school close to Mirabad avenue (information that was provided informally to project researchers).

According to information provided informally to project researchers by Dilmurod (and then published on the Housing News website – 28 July 2022), he alleges that he was offered inadequate compensation for the demolition of his home (5). Dilmurod claims that the flats offered to Mirusmanov were too far from the children’s’ school, that they were too small, and inadequate for the number of occupants (ibid.).

The following excerpt from the Housing News article details a statement Dilmurod gave on the compensation they were offered: "According to the social norm of 16 square metres per person we have to live in 240 square metres, but the builder gives us 135 square metres, which is half as much. That's two two-bedroom flats of 67 sq.m. each. How can we talk about improving our living conditions when in fact our conditions are worsening? Even if we theoretically assume that 2 sisters with their 5 children could live in one two-bedroom flat. Then the second flat would have to give a separate room to my mother, a separate room to my brother and leave another room, me with my wife and 4 children, in which we would not fit in any way. I'm sorry, purely by the number of toilets, I have 5 toilets at home with a bath or shower. But their flats have one toilet in each flat and how are 15 people supposed to live there?" (5) (translated by project researchers).

According to Dilmurod, he requested a residence on Mirabad Avenue of comparable size to his (300 square meters) but Absolute Business Trade LLC refused (5).

Civil Court

On an unknown date, Absolute Business Trade LLC filed a claim against Dilmurod Mirusmanov with the Yakkasaroy District Tashkent City Civil Court (case no. 2-1005-2104/4345) (3). Absolute Business Trade LLC asks the court to evict the defendants, subject to the provision of alternative accommodation (ibid.). Two flats were offered as alternative accommodation (address ##15&35, 11, Mukimi str., 1 pass of the Mukimi str., Yakkasaroy district, Tashkent) that were a total of 67.58 m2, and 67.45 m2 which was refused by Dilmurod (ibid.) The court documents also note that the defendants were unable to attend one of the court sessions (3) (Dilmurod claims he had COVID-19 and notified the court of this (7)). It is also noted in the document that an independent assessment on adequate compensation for the residence was not carried out (7). On 6 August 2021, Judge Sh. R. Muminiv decides to uphold Absolute Business Trade LLC’s claim, evicting Dilmurod and his family (3). The judge also ordered the developer to pay additional monetary compensation of roughly 1 billion UZS, and imposed a court fee of approximately 500,000 UZS on Absolute Business Trade LLC (ibid.) The legal basis for this decision is cited as: article 5 of the Civil Code of the Republic of Uzbekistan, articles 27 and 71 of the Housing Code of the Republic of Uzbekistan and articles 41 and 42 of the Cabinet of Ministers Decree no. 911 (ibid.)

Appeal

On an unknown date Dilmurod Mirusmonov appealed the decision of the Taskent City Civil Court (case no. 2014/21) (6). This appeal board consisted of President of the Board D. N. Salakhutdinov, and Judges G. M. Mirzaalimova, and G. I. Abdurakhmanov (ibid.) Mirusmonov requested to be defended by a representative of an NGO, which is permitted by article 67 of the Civil Procedures Code "Contractual (voluntary) representation”, a request that was denied (ibid.) On 19 April 2022, the appeal board issued a decision on the case, upholding the previous ruling (ibid.) Mirusmonov, as the losing party in the case, was ordered to pay 9 million UZS, or 4 per cent of the stated value of his property (ibid.)

Supreme court

On an unknown date Dilmurod Mirusmonov appealed to the Supreme Court to overturn the decisions of the Tashkent City Civil Court (8). Mirusmanov claims that he was not offered suitable compensation given the size of the residences offered (ibid.). On 29 July 2022, a decision was issued by the Cassation Board of the Supreme Court (case no. 6-1885-22) (board members were president – G. Mirzaeva (president), and Judges – H. Hakimova and M. Rabieva), upholding the previous two court decisions but raised the monetary compensation offered to 2 billion UZS (9). The legal basis for their decision is cited as: decision no. 12 of the Plenum of the Supreme Court (24 May 2019), articles 3, 4, 27 and 71 of the Housing Code of the Republic of Uzbekistan, and Cabinet of Ministers Decree no. 911 (ibid.)

Outcome

Dilmurod has informed the researchers informally that the legal proceedings are still ongoing.

The court decisions on the case are available upon request.