It was also stated by the court that ‘there are no
documents confirming the right to the land plot
occupied by this house and adjacent to it’. Referring
to the civil court decisions, the Appeal Administrative
Court noted that Shakhzade will be paid compensation
for her demolished home. As a result, it argued, there is
no rights violation by decree no. 1544.
Finally the court also ruled that Shakhzade learnt of
decree no. 1544 in December 2020, and thus failed to
appeal to the courts within the required three months.
As a result of these conclusions, the initial decision of
the Tashkent City Administrative Court was annulled.
The Shakhzade family, facing considerable stress, strain
and financial resourcing challenges, finally elected to
accept compensation and leave their family home.
The cases of Langer and Shakhzade demonstrate the
significant challenges that residents face when seeking
remedy after their real property has been appropriated
through an illegally rendered decision and handed
over to a private developer.
First, while the illegal nature of the decision may
be attested to by accountability bodies, such as
the Ombudsman and Prosecutor General, these
views have no legal force. Affected residents must
go to court. Second, when prosecuting their claim
in court, residents have a limited window of three
months to initiate their action against private property
right violations by the state. In effect, this meant
that for residents along Niyozbek Yuli Street their
constitutionally and lawfully defined property rights
would expire if they failed to challenge in court an
offending decree within three months from the date
they learnt of the decree’s passage. Third, as the appeal
judgement in the Shakhzade case demonstrates, the
30 A False Sense of Legality
courts appear to make explicitly wrong statements
of law, which undermine the rights of residents.
Fourth, even in the rare circumstance where a plaintiff
overturns an illegal decree, the judgement is a partial
ruling applicable to their property only. Fifth, when
residents face civil litigation, the courts accept without
review the legality of potentially illegal decrees, and
decide the case only on the basis of the relevant
compensation procedure.
This helps to also situate other significant challenges
facing residents affected by property confiscations and
evictions. Few have the resources to pursue litigation,
especially given the widely held view in Uzbekistan that
the court system works in favour of government parties
and developers. Second, residents face pressure to
accept compensation, or face court, a forum in which
many lack faith.
As a result, residents are therefore under significant
pressure to accept violations of their private property
rights by the state and seek whatever compensation
they can from developers.
According to Fathulla Tashpulatov, who is a resident
and a former chairman of a mahalla in the area affected
by the Nur complex, this totality of forces creates a
disparity of power when negotiating compensation.
He claims: ‘The company’s appraisal of the house was
also not fair. They underestimate the total area of the
house and offer very little compensation. They are
doing what is convenient for them. The company has
two realtors and one employee in its office … Now a
realtor named Rustam has come … He often comes
and makes us nervous. He is pressuring us to move
faster. He threatens to take us to court and deprive
us of our private property rights if we do not agree to
these terms [of compensation].’86