The company also cites article 47 of regulations
contained in an appendix to Cabinet of Ministers
decree no. 911.70 The specific article states: ‘When
written consent is obtained from 75% of the owners
of the real estate objects located on the plot of land
that is planned to be withdrawn (when the agreement
is concluded), but if it is not possible to obtain the
consent of the remaining owners (when no agreement
is reached), the initiator has the right to apply to the
court with a claim for the compulsory purchase of their
real estate objects. In this case, the amount, types and
terms of compensation to be given to the owners who
did not agree (agreement was not reached) shall be
determined by the court procedure.’
This provision applies to a land plot containing multiple
residential properties. Langer’s home was part of a
one-storey housing complex built during the early
Soviet period. Therefore, the developer appears to
have been arguing that other residents in the complex
had consented, rendering Langer a minority who could
be compelled to sell her property by the court.
Steel Quality Business asked the court to order Langer
to accept compensation and vacate her home. In
an interim decision, the court did not review the
legality of the process through which the developer
obtained title.71 Nor did it consider in its judgement
the argument regarding the grounds for removal of
Ms Langer from her home. The interim decision did,
however, specify that an independent valuer should
evaluate the value of Langer’s home and report back
to the court.
Langer recalls: ‘I was taken to court. How nervous. My
leg hurts, and sometimes my blood pressure goes up.
I am not young, I am 66 years old. I didn’t ask them for
much. I asked them to compensate me for the total area
of my house. My grandson has been attending schools
here since first grade. Now he is in seventh grade. So I
asked them to give me a one-bedroom apartment and
my children a two-bedroom apartment. I didn’t ask
them for anything stupid.’72
The case against Langer was subsequently dropped
by Steel Quality Business. She decided to accept the
compensation and left her home.
A second case involves Tashkent resident Alieva
Shakhzade. Shakhzade had lived on Niyozbek Yuli
Street since 1981.73 Shakhzade built a new home on
the site in 2010, which she lived in with her daughter,
son-in-law and granddaughter. Shakhzade was the first
resident to challenge the legality of the hokim’s 2017
decision to grant the land to Steel Quality Business,
with assistance from her son-in-law Javlon Mahmudov.
As it had with Farida Langer, Steel Quality Business
initiated legal action to evict Ms Shakhzade and her
family, with compensation.74 Steel Quality Business
again relied on decree no. 1544 as the lawful basis
for its title and the right to evict existing home
owners in the area with compensation. The court
characterised this decree as granting seizure of a land
plot for public need – despite the fact that no such
need was expressed in the decree – and as a result
argued that article 27 of the Housing Code applied,
requiring compensation be paid (notably, article 27
is entitled: ‘Providing residential premises for citizens
whose houses (apartments) are subject to demolition
in connection with the seizure of land for state or
public needs’75).76
72.
26 A False Sense of Legality
Personal communication, Farida Langer, 24 April 2022.