On June 22 the hearing of the "Olymp" production cooperative's claim against Yerevan Municipality with the demand of recognition of the property right was delayed at the RA Administrative Court.

"Milano case hearing has been cancelled for many times with baseless reasoning, such as the judge is participating at some seminar or consultation",-says the representative of "Olymp", lawyer Tigran Hayrapetyan.

The owner of "Olymp" Hovhannes Ghukasyan applied to Municipality on June 18, 2009 with the demand to recognize his right to property for the area of "Milano" shop, located on Abovyan 4. The Municipality replied not during the outlined 45 days, but several months later as a result of the continuing phone calls of the applicant.

On October 10 H. Ghukasyan learned from the Municipality that the decision on recognition of the right to property was ready and only cadastral value of the land remains to pay. After sending money to the account presented to him, H. Ghukasyan learned that his application was denied.

"The reason was that they couldn't recognize the right to property for lands obtained by the government by the decision of 2005. There is a point in the "Land Code" that states that lands which were obtained by the government before 2005, are not regulated by the "Land Code". However, "Olymp" production cooperative was recognized as eminent domain not by the decision of 2005, but by 2007 decision of the Government",- says Hayrapetyan.

He also refers to one of the points of "Administration Law" which states that if the administrative body doesn't reply to the application on time defined by law, the decision is made automatically. "Thus "Olymp" is already the owner of the land by law", states the lawyer and adds that if the Municipality was to reject, it was to do it in the frames of 45 days outlined by the law.

It has been a year since "Olymp" production cooperative applied to the court with the demand to recognize its right to property, however because of the absence of the defendant-Municipality, the court hearings are unduly cancelled.

The representative of Municipality was absent today. "The defendant didn't come knowing that he has representatives in the court in the face of our judges, while the Administrative Court is created for defending the civilians and legal bodies from the illegal actions of the administrative bodies", says Tigran Hayrapetyan adding that the judges make unjust verdicts by using judicial tricks, because they are convinced that they will not take responsibility for that.

Mary Alexanyan

Source: www.hra.am