Steel Quality Business claimed that it offered
compensation in the form of ‘the acquisition on the
secondary market at the expense of the developer of
another equivalent well-equipped residential premises
at the choice of the defendant, [or] the payment of
monetary compensation in the amount of 70,000 US
dollars in national currency at the exchange rate of
the Central Bank of the Republic of Uzbekistan on
the day of payment, [or] providing an apartment with
total usable area equal to the demolished house’.77
The judgement notes: ‘However, the defendant
did not agree to any of the proposed options,
deliberately preventing the demolition and delaying
the construction.’
Judge Kariev ordered the eviction of Alieva Shakhzade
and her family and ordered Steel Quality Business
to pay UZS1.316 billion in compensation. The court
also questioned the legality of the 2010 home
reconstruction on the property and Shakhzade’s
overall title to the land. It was alleged to the court by
a representative of the Yunusabad District Hokimiyat
that the 2010 reconstruction was done illegally and
that their home was an unauthorised building, an
assessment that the court appears to have accepted.78
It appears that the state potentially used this claim to
weaken the resistance of Shakhzade.
However, in this instance, Shakhzade and her family
contested the initiating decree no. 1544 in the Tashkent
Administrative Court.79
The Administrative Court remarked that under articles 2
and 13 of the then applicable regulation,80 acquisition
for public need required the consent of the landowner.
The compensation arrangement should have been
agreed in advance of the mayoral decree and
information relating to the owners of residential and
non-residential premises and the compensation to be
paid to them, ought to have been enumerated in the
decision of the hokim, the court observed.
It was also noted that under Cabinet of Ministers
regulations set out in decree no. 54, dated 25 February
2013 (expired on 1 July 2018),81 provision for the use of
land owned, used or leased by an individual can only
take place after it has been seized in the prescribed
manner by state authorities. In addition, the court
noted, under the regulations the decision must be
made in compliance with urban master plans.
The court then remarked with respect to these above
regulations, ‘in the adoption of this decision [decree
no. 1544], the requirements of the above laws were
not followed [by the mayoral administration], and
as a result, it seems that the private enterprise built
structures that violated the requirements of the law’.
Attention was also drawn by the Administrative Court
to relevant articles of the Urban Planning Code, which
requires that proposed developments be the subject
of open discussion with citizens, with all relevant
information disclosed on the project impacts.82 It was
noted that the Tashkent City administration had
failed to notify affected residents in the prescribed
written format at least six months prior to the proposed
demolition. With regard to procedural irregularities, it
was further observed by the court that decree no. 1544
was issued without prior approval from the Tashkent
City Council of People’s Deputies.
A False Sense of Legality 27