The Court of Appeal confirmed the decision to forcibly evict citizens

The residents of three houses in the Bailovo settlement can be evicted from privatized apartments. Last week the Court of Appeal examined the complaint of residents of the eighth house on A. Huseynzade Street, the owners of apartments in the houses with rooms 20, 10, 12, 14, 16, and 18 on the Khanlar Street and apartments in houses number 15, 17, 17a, 17b and 19 on the Alibayov Gardashlary Street in Sabail district of Baku.

The AU upheld the Sabail District Court's decision to forcibly evict families from privatized apartments. The district court liquidated the right of citizens to their real estate with the obligation to pay construction company Sabah Residence to pay 300 families a month to rent a flat and to provide new apartments after the construction of a residential building on the site of the demolished buildings. In the Sabail court's decision, the claims of citizens are called unreasonable and overestimated.

The Court of Appeal upheld the obligations of Sabah Residence, but the rights to former housing will not be available to citizens unless the court of the next instance repeals the previous decisions, Turan agency was told by one of the complainants, Vugar Mammadov. Previously, the residents of the houses in the Bailovo Massif appealed to the first vice-president of the country, M. Aliyeva, for help, but as can be seen from the results of the trial, it did not benefit the residents.

The apartment owners do not want to leave their homes because they are not sure about the possibility of Sabah Residence to provide them with housing during the rental of apartments and give out new apartments in a building built on the site demolished. Citizens studied the constituent documents of this company and made sure that the bank account of Sabah Residence does not have sufficient money to fulfill the obligations that it promises to residents. The owner of the company Abil Safarov at a meeting with tenants assured that money for payment of temporary rent of habitation for the period of construction of buildings, and also for financing of construction he will find. But citizens do not believe, since the state does not act as guarantor of the implementation of such agreements in the framework of the scandalous resolution of the Cabinet of Ministers N86 (February 25, 2016) on the renovation of the housing stock in Baku.

The former head of the Sabail district, Eldar Azizov, who recently became the actual head of the capital's Executive Power, signed an order to issue permission from Sabah Residence to destroy old houses and build new ones, provided that agreement is reached with the tenants. Citizens, as already mentioned, do not agree with the conditions of the construction company. The company forced them to leave buildings, destroyed floors, threatens with fire, cutting off pipes and breaking walls in the apartments of those residents who agreed with the company's requirements and signed a conciliation document.

In the lawsuit filed with the Court of Appeal, the citizens claimed that the construction company did not have the right to file a complaint with the district court, since the citizens' rights to real estate were confirmed by the result of consideration of the complaint of M. Bagirov (May 4, 2007) in the Supreme Court. The parties to the dispute have equal legal status and, therefore, one party to the conflict cannot raise a claim for the deprivation of the rights to the property of the other party.

Residents believe that the construction company violates the town-planning standards adopted in Baku. Deciding the fate of the apartment building, the district authorities did not ask the opinion of the people living in it. The power was guided by the decision of the state design institute Azərdövləttikintilayihə, whose commission after inspection of the house on September 22, 2017 made the decision on a "partially suitable" housing. On September 25, the head of the Sabail district, Eldar Azizov, referring to the previous document, ordered the transfer of this territory under construction for Sabah Residence. But the residents protest, considering that the inspection of the building was carried out in violation of GOST 31937-2011 and the AzDTN 1.7-1 norm of the same institution, which, moreover, is not authorized to pass a verdict condemning the building to demolition. Tenants were convinced that Sabah Residence does not have all the permits for the construction of a new housing estate, and the story of the previous conflicts of this company in other houses reinforces this opinion. Citizens note that Sabah Residence issued a permit to build an 18-story building in the area of ​​the Bailovo landslide.

The Articles 40.1, 40.2, 40.3 of the Administrative Procedure Code of the Republic of Azerbaijan, which gives hope for residence in the building, is mentioned in the lawsuit of residents, until the parties to the conflict agree. Citizens believe that the previous judicial decisions taken at their home are illegal, since they do not take into account the legitimate interests of property owners.

Nevertheless, the Court of Appeal took the side of the construction company and confirmed the decision of the district court. Residents intend to seek legalization of their claims in the court of the next instance. The legal department of the construction company Sabah Residence refuses to answer question of Turan News Agency, saying they do not have the right to comment on the decisions of the company.