The Victims of Prevailing Public Interest Will Go To Court
07.06.2016
11:00
The struggle between “Local Developers” company belonging to businessman Samvel Mayrapetyan and the residents of Teryan 23, Pushkin 4, 10 and Lalayants 37 buildings about the property right continues. The residents are sure that the construction company and its owner conduct the acquisition procedure of real estate “with violations of law, on which the Municipality and the courts turn a blind eye." The residents intend to go to court and start a new judicial procedure. They also do not trust the data provided by “Anikom” LTD that carried out the estimation of their apartments by Samvel Mayrapetyan’s request and are sure that their property was underestimated on purpose.

Local Developers Company that is the construction company since 2007, applied to court to extrude the residents out of their apartments. There are corresponding court decisions but the residents do not give up and stated that will began “to struggle more actively” for their property.  The owners of 22 apartments that are in the zone of public prevailing interest see two options: raising the issue at law enforcement agencies and periodic protests. “We decided to form a united front. We have no big hopes from the Armenian judicial system but we will pass all instances to litigate the issue at the European Court. Mayrapetyan can influence on the courts, Municipality and the investigative body. Therefore, we urge all the residents affected by Mayrapetyan to join this struggle, which is not only legal, but also political,” Vardan Geravertyan, resident of Teryan 23, member of “Our city” civil initiation, said during the press conference at Media Center.

Though the law requires that the construction company shows corresponding financial resources as a deposit to apply to court, but residents requested the bank and received an answer that Mayrapetyan now has "no money in the bank of HSBC”. “When Mayrapetyan went to court, he showed the deposit money at HSBC. We sent a request to HSBC Bank and they replied that in fact there was no money at that time that could serve as a guarantee for going to court,” Vardan Geravetyan said and added that Mayrapetyan had shown the amount of just compensation for the apartments but what concerns the construction of the buildings, "we do not see what the money is." 

"Now there is no money put in the bank, the money is taken out, for which he had no right," he said, adding that they will go to court as "this is a serious violation and is a ground for the suspension of the whole process."  

Resident of Pushkin 4 house Alfred Kzartmyan who went to the police for the issue of "deliberate underestimation" of his house which was in the zone of prevailing public interest, said that the criminal case against "Local Developers" owned by Samvel Mayrapetyan and real estate appraiser “Anikom” company was dismissed about two months ago in the Investigative Committee. But after the appeal the hearing was resumed, he added.

“The criminal act states that these companies inflicted large-scale damage to me. But on April 12, the investigator decided to drop the case. I applied to the Prosecutor General, leadership of the Investigative Committee and wrote a letter to Serzh Sargsyan stating that illegal activities are made. To my surprise, Yerevan prosecutor made a decision to resume the case. Prosecutor indicated such facts in its decision that the investigator had to carry out and failed to do that if I were in his place, I would enter under the ground,” Kzartmyan said and presented the story of his house estimation. “Local Developers Company, belonging to Mayrapetyan, offers only 200 thousand USD for my three-story house which has also 180 meters of land. While the National Bureau of Examination estimated only my house for 300 thousand USD,” he said and added that some people from the President Staff support Mayrapetyan but refused to give names.  

“The problem is that a businessman has a leverage to influence the courts or expert centers and courts. The State shows that has no capability to restrain the businessman,” the speaker concluded. 

Arshaluys Mghdesyan, editor/events coordinator at “Media Center”

To contact the author please send an email to arshaluismghdesyan@pjc.am.

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