Prosecutor's Office Appeals to Court to Annul Illegal Land Expropriations in Malatya-Sebastia

The Prosecutor's Office of the Malatya-Sebastia administrative district of Yerevan has reported cases of expropriation of lands that are not subject to expropriation, transferring communal land to individuals and legal entities.

Between May and June 2023, the Prosecutor's Office submitted a series of claims to Armenia's administrative and anti-corruption courts. Specifically, in the 290.0 sq. m area of the Vahan Zatikyan Garden located at 22 Raffi Street, a 571.8 sq. m unauthorized structure was deemed the property of Yerevan by a decision of the Mayor of Yerevan dated November 16, 2011. The following year, M.S. purchased the land parcel and the building from the community of Yerevan as a private property. In order to annul this decision, which was made in violation of legislative requirements, the Prosecutor's Office has filed a claim with the Administrative Court.

According to the Mayor of Yerevan's decision No. 3388-A on July 22, 2010, land parcels of the 'Italian' garden located at 121/8 Andranik Street were expropriated, as well as those at 123/5 and 121/8 Andranik Street by decision No. 2480-A dated May 17, 2013. However, based on point 6 of Article 60 of the Land Code, transferring communal lands to individuals and legal entities is prohibited. The Prosecutor's Office of the Malatya-Sebastia administrative district has submitted three claims to annul the mayor's decisions.

In addition, two claims are pending in the anti-corruption court concerning non-property claims for the demolition of unauthorized constructions in the area of 43 Andranik Street and its surroundings, as these constructions could not later be legalized due to restrictions imposed by the Land Code.

By the Mayor of Yerevan's decision No. 799-A on May 11, 2004, the 'Shogher' nursery-kindergarten located at 304 Babajanyan Street, with an area of 8760 sq. m, was granted to the Malatya-Sebastia community along with its land. Following this, on September 17, 2004, a decision was made by the community council to expropriate land to the 'A. Khalatyan High School' LLC. Claims have been submitted to the administrative and anti-corruption courts regarding this matter.

On April 16, 2008, the council of the Malatya-Sebastia community granted 0.515193 ha of land at 29 and 29/3 Jambuli Street to A.H., despite the prohibition under Article 60 of the Land Code regarding the transfer of land that cannot be privately owned. An expert's conclusion confirmed that this land was designated for electrical transmission lines.

The Administrative Court has accepted a claim to annul the council's decision dated April 16, 2008, and to revoke the state registrations of the rights and records in the cadastre.

Additionally, on June 13, 1990, and October 24, 1997, the Victory village council granted state acts of land ownership to certain land users in the Victory district, verified by the seal "MALATYA-SEBASTIA COMMUNITY OF YEREVAN." The Malatya-Sebastia community did not have the legal status of a 'closed joint-stock company' and could not contain the notation 'CJSC'. In 2022, land users submitted their state ownership acts to the Yerevan municipality. On June 23, 2023, the Prosecutor's Office of the Malatya-Sebastia administrative district filed a claim with the Administrative Court.