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The Administrative Court is overloaded with claims against Yerevan municipality

February 4, 2019

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On January 16, 2019, Helsinki Citizens’ Assembly Vanadzor applied to the mayor of Yerevan city- Hayk Marutyan- with the matter of the provision of proper administration implementation by the Department of Architecture and Urban Planning of staff of Yerevan municipality.

 

Based on the applications of citizens, the department keeps on taking decisions that are later appealed in the Administrative Court.

 

When studying Datalex judiciary informative system, many cases initiated by citizens against Yerevan municipality can be found. They mainly litigate decisions made by Department of Architecture and Urban Planning.

 

This working style of the department has turned into a mandatory procedure, as the citizens are obliged to litigate the decisions on refusing their applications as a result of improper administration in the court, which entails overload of work for the Administrative Court.

 

Yerevan residents A. Markosyan and Z. Sahakan applied to HCA Vanadzor with the same issue.

 

A. Markosyan informed that he applied to the Department of Architecture and Urban Planning of staff of Yerevan municipality to get a permit to start construction work on his plot of land in Yerevan city Davitashen district. On July 17, 2018, he received a refusal reasoning that the location of the plot of land was at a distance of 34 m from Davitashen-Ashtarak road construction works and can be in the area of potential impact by construction works. Nevertheless, a permit was given for construction works on another plot of land at the same distance.

 

The Department obviously showed discriminative and unequal attitude and violated one of the main principles of administration – the principle of arbitrariness prohibition.

 

Another resident of Yerevan city, Z. Sahakyan applied with the matter of a location adjacent to the plot of land that belongs to him by the right of ownership.

 

He applied to T. Margaryan, mayor of Yerevan at that time, with the matter of applying to Real Estate Cadastre Committee adjunct to the government of the Republic of Armenia to terminate the right to lease on the basis of the expiration of the contract signed with the former tenant.

 

On July 13, 2018, A. Kasaryan -head of the Department of Architecture and Urban Planning of staff of Yerevan municipality- replied that it would be possible to touch upon the discussion of the matter after terminating the former tenant’s right to lease and reregistering in the State Cadastre Committee. Whereas, Yerevan municipality has the power to apply to State Cadastre Committee with the matter of recognizing null and void the right to lease and therefore, could have upheld the citizen’s application.

 

We can record that Yerevan municipality applied improper administration to applicants, as a result of which, their rights and freedoms were violated.

 

As a result of improper administration, the Department of Architecture and Urban Planning refuses the citizens’ applications and informs that those decisions can be appealed in the court.

 

It should be noted that in both cases, citizens applied to the court. A. Markosyan’s claim’s proceedings were not accepted by the court, Z. Sahakyan’s claim is being examined in the Administrative Court.  

 

By the letter dated January 16, 2019, HCA Vanadzor claimed that Yerevan mayor review the decisions made by the Department of Architecture and Urban Planning of staff of Yerevan municipality, eliminate violations of citizens’ rights and take measures to conduct proper administration. There has been no response from mayor H. Marutyan yet.

 

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