Attempts were made to challenge decree no. 488 in
the Administrative Courts. Residents claimed: ‘The
decision contradicts the requirements of article 12
of the “Regulations on the procedure for providing
land plots in settlements for the implementation of
urban planning activities” … No. 54 of 25.02.2013. In
accordance with this norm, the hokim was obliged to
refuse to allocate a land plot and send Training Project
LLC notification of the impossibility of providing a land
plot, with a proposal to independently buy real estate
from the owners.’126
residential buildings (apartments) owned by citizens
due to the expropriation of land for state or public
needs, said citizens, members of their families, as well
as citizens permanently residing in these buildings
(apartments), shall be offered, at their choice and by
mutual agreement of the parties, another equivalent
well-maintained residential property with an area not
less than the social norm of living space, and the cost
of plantings shall be paid, or the cost of residential
buildings (apartments), other buildings, structures and
plantings shall be compensated.’132
Based on this article, residents argued: ‘Thus, in
violation of the current legislation, the hokim of the
city of Tashkent allocated a plot of land for commercial
development along with houses that belong to us on
the basis of private ownership, which actually violated
our legally protected rights and freedoms.’127
The courts did not mention the circumscribed
situations set out in article 3 of the by-law that are
deemed to constitute public or state need, or how
a private multi-storey development might fit within
these categories. With the process for negotiating
compensation reportedly underway, the courts
concluded that no resident rights had been violated
by the hokim’s decision.
In response to this claim by residents, the hokim
rejected any suggestion that the decree was illegal
and argued: ‘The decision to demolish and reconstruct
this facility was made in order to further improve
the investment climate in the country, stimulate
direct investment, strengthen investor confidence
in the consistency of state policy in this direction,
and increase the responsibility of state structures
in working with investors.’128 It was also argued:
‘The hokim of the region, district, city has the right
to provide land for possession, use and lease to
enterprises, institutions, organisations, dehkan farms,
citizens, terminate the rights of possession and use of
land by these entities, and also to withdraw land with
subsequent approval of the decisions made by the
relevant Kengash of people’s deputies.’129
The Administrative Court and Court of Appeal
rejected the residents’ claim,130 citing by way of
authority articles 14 and 26 of the 2006 by-law ‘On the
procedure for compensation of damages caused to
citizens and legal entities in connection with the
seizure of land plots for state and public needs’.131
The former section states: ‘In the event of demolishing
46 A False Sense of Legality
The Supreme Court refused to hear an appeal lodged
by residents and confirmed the lower courts’ decisions.
The Supreme Court argued the latter decisions were
in line with the law on ‘seizure of land plots for state
public needs and the procedure for indemnifying
citizens and legal entities in connection with the
seizure of land plots’. It again appeared to be accepted
that this was a public need-based acquisition, not an
acquisition for a private development, as residents
argued.133
One of the residents resisting forced eviction was
Olga Abdullaeva. A paediatrician by profession, now
retired, Olga Abdullaeva had lived in her house for 40
years. She inherited it in 2014 following the death of her
husband.134 She lives there with her daughter, son-inlaw and three small grandchildren (the youngest was
born in 2021). Her plot of land is 350m2 including the
house of 100m2.