The Supreme Court in this instance cancelled the original decisions and returned the case to the lower courts, on the technical grounds that the lower courts had not requested the primary cadastral file to establish whether Abdullaeva’s property was within the area allocated to Training Project LLC in decree no. 488.139 The case was returned to the court of first instance to reconsider this particular technical question. The court again found against Abdullaeva, claiming her property was included within the land plot allocated to the developer, a conclusion that was confirmed on appeal by the cessation court and then the supreme court.140 It was noted in these decisions that the decree no. 488 had been confirmed as lawful by the Administrative Courts, a conclusion that could not be challenged in the civil tract. This example repeats a pattern observed in other case studies, wherein the hokim appears on the evidence to exceed their powers by expropriating private property in order to grant land to a private property developer. Despite there being no public need for the expropriation as defined under law, and despite the apparent violation of due process requirements, the Administrative Courts fail to recognise that the offending decree violates the private property rights of residents. Such a conclusion contradicts advice given by oversight bodies, such as the Ombudsman and Ministry of Justice; nevertheless, these latter opinions hold no legal weight in court. As a result, a decree that violates the private property rights of residents and that exceeds the powers granted to hokims is nevertheless upheld. This decree is then used by the Civil Courts to justify evictions upon the payment of compensation. An attempt was made to contact Training Project LLC for comment on resident complaints. No response was received. The next section examines two case studies involving farming communities. There is significant evidence to suggest real property rights have been violated by hokims, through practices that exceed their power, with farmers seeing no practical route for remedy to address these abuses given the perceived lack of judicial impartiality. 48 A False Sense of Legality

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