RESOLUTION OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of May 19, 2005 No. 10-0504/373

(extraction)

Town-planning regulations and rules are fundamentals of town planning and are obligatory for execution by state bodies, self-government institutions of citizens, the legal entities and physical persons performing town-planning activities

NAVRO'Z-HOSILOT LLC appealed to economic court with the claim to khokimiyat of Chilanzarsky district of Tashkent and Inspection of the State architectural and construction supervision of Tashkent for recognition of the property right to the building of cafeteria, at the address: Tashkent, array Chilanzar, quarter 10, Ulitsa Katartal, house 2.

By the judgment satisfaction of claims it is refused completely.

The decision is left by the resolution of appellate instance without change.

Without having agreed with the court resolutions which took place on case, the deputy prosecutor of Tashkent submitted the prosecutor's appeal, and the claimant the writ of appeal about cancellation of court resolutions and the direction of case on new trial.

Judicial board, having studied case papers, having discussed arguments of the writ of appeal and protest, considers them unreasonable on the following bases.

As it is seen from case papers, according to the solution of hokim of Chilanzarsky district of Tashkent of N312 - in of June 2, 1994 incomplete object of diner on 20 seats on Ulitsa Katartal, д 2 were transferred to NAVRO'Z-HOSILOT. The specified decision to firm as to the builder, it was entrusted to approve the outline sketch of diner with engineering services of the area and with Head department of architecture and town planning in accordance with the established procedure and also to finish front part of diner, according to the approved project till May 5, 1994.

According to the order of hokim of Tashkent for N737-f of December 24, 1996 NAVRO'Z-HOSILOT LLC allocated in permanent use the parcel of land, at the address: Chilanzarsky district, Ulitsa Katartal, N1 and N2, adjacent to houses. According to item 2 of the specified order accomplishment of number of obligations, including on registration of construction object and the project of the building in Management of architectural construction and supervision and receipt of the construction license was assigned to Ltd company.

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