With respect to statute of limitations, the court remarked that under article 186 of the Code on Administrative Proceedings, public decisions must be challenged within three months of the interested person becoming aware of the violation of their rights, freedoms and legal interests.83 The court was satisfied that the plaintiff only became aware of the violations in June 2022, and thus had acted within the stipulated three months. In light of the violations noted above, the court invalidated decree no. 1544 as it applied to the property of Shakhzade. While a rare legal victory for an impacted resident, the judgement also highlighted the precarity of private property rights. Where the right has been taken away by government decision, action must be taken within three months of the affected person becoming aware of the rights violation. Second, the Administrative Court’s decision on the illegality of the decree only applies to the property of the petitioning plaintiff; the deemed illegal decision is allowed to be enforced against all other affected peoples. Third, it also rests on plaintiffs being able to prove property rights, drawing on the information systems and personnel of the body accused of violating those property rights. 28 A False Sense of Legality An appeal was lodged against the Administrative Court decision by the developer Steel Quality Business.84 A hearing was convened without Shakhzade’s representative being present (her son in law), with the court claiming he had been duly warned. The court ruled that under article 1 of regulations contained in decree no. 54 (cited in the lower court decision) – which requires state authorities to first seize land in accordance with the law and master plans – the relevant due process requirements did not extend to the construction of objects located on the territory of two or more districts or regions. Because decree no. 1544 related to land spread across two Tashkent districts, the regulations were ruled by the court not to apply. This appears to be a misreading of the regulations. The regulations state that the rules applicable for land plots across two or more districts are set out in Appendix No. 2, which echo the rules applicable to land plots in a single district (see Table 2).85

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