Politics Կարևոր

Developer Who Previously Invited Mayor to a Fight Constructs New Controversial Building

WRed

Avetik Chakhalyan, a resident of Ayjemyan Street in Yerevan, has been fighting against the construction being carried out next to his home for six months. His house is located at 13 Artsakh Street, where a shopping center is being built. He first learned about the construction on September 18, 2019, when the construction works had already begun.

Chakhalyan contacted AuroraNews and explained that the ongoing construction is part of a series of illegalities. He began to fight against the violations without even knowing that his sister had given consent for the construction using a forged signature in his name.

“Six months ago, they came and asked me to provide a document stating that I agree to the construction of a four to five-story building. I did not agree because it would block our light. They even offered me $100, saying that it would be enough for me,” reported the citizen.

Chakhalyan mentioned that he applied to the municipality, the state supervisory service, and the government in an attempt to stop the construction. In the photos provided to us, the damaged foundation of his house is visible. During the construction, one of the walls was demolished, causing damage to the ceiling of the first floor. The new building is being constructed just half a meter away from his home. According to Chakhalyan, the windows of the new building overlook his yard and directly into his home. It is also possible that in the future, an air conditioning system might be fitted in that direction, leading to noise and other problems.

On September 24, 2019, Chakhalyan received a letter from R. Darbinyan, the head of the urban planning and land supervision department of the municipal government. The letter referenced his complaints about the construction permit and stated that issues concerning the rights of ownership or possible violations of legal interests could be discussed with the developer, David Aharonyan, if these facts were substantiated by a corresponding technical examination or expert conclusion. In the absence of mutual agreement, he could apply to the court.

Chakhalyan received letters of similar content from the municipality on September 24 and 26, October 10, November 21, and 29, 2019. All the letters conveyed one message: “Dear resident, if you see a problem, resolve it through legal means.”

On September 24, 2019, Chakhalyan also received a letter from the office of the head of the Erebuni administrative district of Yerevan (signed by A. Abrahamyan), stating that they had warned the developer to comply with all construction regulations without creating obstacles for the residents of the area.

The Erebuni community office indicated that they have no connection to the process since the construction is taking place in the first line, for which the Yerevan municipality is responsible. AuroraNews contacted the municipality, which provided us with the construction permit document as well as the design permit (architectural and planning task). According to this document, it is indicated that Avetik Chakhalyan gave his consent for the development.

The development permit was issued to developer David Aharonyan on September 17, 2019, and the municipality asserts that there are no issues with the developer. When questioned about Chakhalyan’s claim that he had not signed any documentation or given any consent, the municipality stated that they are not an expert body to verify the authenticity of the signatures. “For that, there is the Police, the Investigative Committee,” they said.

AuroraNews attempted to reach developer David Aharonyan. Through our online research, we found out that at a well-known construction site located at 1/3 Gyurjyan Street in Yerevan, which was demolished by order of Mayor Haik Marutyan as an illegal construction.

The footage presented is from 2018, showing Aharonyan clearly dissatisfied with that decision. A question arises: is it a coincidence or just by chance that the owner or developer of a building that had been demolished amid such noise has received a permit to construct in another district of Yerevan?

According to the images in our possession, Aharonyan has already constructed the third or fourth floor. “Why the hurry if there is a criminal case opened regarding forgery, implementing, or using characteristics?” questioned the citizen.

We also managed to speak with the developer, who upon hearing the question stated that he would not answer any questions. In response to AuroraNews's insistence that the article would be published regardless, he only agreed to answer one question.

Avetik Chakhalyan informed us that his sister received $5,000 for the transaction. When asked if the transaction had been notarized, developer David Aharonyan stated that all materials relating to the opened case exist. “There was no need for a notary. The $5,000 was given to Chakhalyan’s sister, and everything was recorded, and the footage is already part of the criminal case. By the way, the woman who took the money had no objection to filming the transaction,” he said.

When asked if the municipality, feeling that it had made a “mistake” regarding the demolished building on Gyurjyan Street, had given permission with this permit to resolve the issue, the developer entirely ruled that out: “The problem with the building at 1/3 Gyurjyan Street has long been resolved. Chakhalyan had two months to lodge a complaint, but six months have passed, and only now has he remembered that he should have filed a complaint. Let them sort things out among themselves in their family since I am not aware of, nor do I want to know, how that money has been divided among relatives,” he stated.

Avetik Chakhalyan insists that his signature was forged and that his sister provided consent for the construction. During the preparation of the materials, his sister, Narine Chakhalyan, explained that she signed on behalf of her brother and mother with his verbal consent and delivered the agreement in front of the second building of the Yerevan municipality. She received $5,000 for the transaction. Chakhalyan's sister stated that the amount was important for her as she had debts that needed to be paid urgently. The case is currently with the prosecutor's office.

We also spoke with Samvel Hakobyan, a prosecutor in the administrative districts of Kentron and Nor Nork, to understand what the investigation has clarified and when the case would reach court. “Avetik Chakhalyan has filed a complaint with the prosecutor's office, stating that his sister forged his and his mother, Klara Fartmanian's, signatures. Based on that, the developer was provided with an agreement on July 3, 2019. Based on that agreement, the developer was granted a design permit. Construction is taking place based on that,” the prosecutor said.

When asked whether there was an evident forgery, could the construction be halted, Samvel Hakobyan replied that the prosecutor's office cannot fully conduct that process. “Avetik Chakhalyan must apply to the municipality for a suspension of the construction. Currently, the question of giving the case procedural status is being discussed.” The prosecutor's office assures that the investigation is being conducted as quickly as possible, and if sufficient evidence is obtained, the case will go to court. “David Aharonyan has also provided testimony, which is a secret of the investigation. There is no issue of closing the case,” Samvel Hakobyan added.

“All the windows that are on the back side of the building being constructed, looking into both my house and my yard, should be closed. Compensation should be provided by the developer so that I can repair my house, which has been damaged due to their construction,” said Chakhalyan. It should be emphasized that Avetik Chakhalyan demands that the illegal construction be stopped.

AuroraNews will continue to follow this complicated story.

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