Azerbaijan, Baku, Dec. 26 / Trend , S.Kazimli/ On Dec. 26, the Azerbaijani Supreme Court examined a cassation appeal of residents of a building in emergency situation, which is located in Yasamal District of Baku, the residents told Trend on Dec. 26.
The residents of the building, which is in emergency situation and located in district 546 in intersections of Huseyn Javid, Shafayat Mehdiyev and Landau Streets (near to Elmler Akademiyasi subway) of Yasamal District in Baku, appealed to a court because of abolition of the Cabinet of Minister's decree, dated 18 July 2008, as well as their illegal removal from own houses by employees of the Yasamal District Administration and Ministry of Emergency Situation. The residents appealed to the State Architecture Committee with the same claim. Preparation hearings took place on the residents' claim at the Yasamal District Court on 8 September. A judge said that inquiry was sent to the Constitution Court in connection of their appeal on 8 September. Actions on decrees of the Cabinet of Ministers should not be examined at district courts, the judge said. Therefore, the judge sent inquiry to the Constitution Court to specify a court, where this action can be examined.
On Dec. 26, the Supreme Court examined the residents' cassation appeal under Aslan Kalbalayev's chairmanship. "The judge kept in power the decision of the Court of Appeal without any reason," the residents said.
Lachin Hajiyev, the head of the Housing And Communal Services Department 21 of Yasamal District, met with the residents on 19 August and showed the decree by the Cabinet of Ministers. In accordance with the decree, people who live in five-store building, which is in emergency situation and located in district 546, 17Academician Shafayat Mehdiyev Street, Yasamal District of Baku, must be evacuated to other rented flats in order to provide their security. A total of AZN 130,560 was allocated to pay their evacuation expenditures and six-month rent fees. A total of AZN 400 will be allocated to owners of one-room flats, AZN 500 - two-room flats, AZN 700 - three-room flats. Moreover, AZN 120 will be paid for one car trip to pay citizen's evacuation expenditures. Nothing was indicated in the decree concerning whether their homes will be knocked down or repaired.
Abid Sharifov, the Deputy Premier who received the residents said that their homes would be knocked down. Sharifov said that first, the fifth, sixth and seventh blocks of the building would be knocked down and later the rest seven block. In future, residents of the building will be granted flats, which area will be 20% larger than their current flats, at a building to be constructed at the same site, the deputy Premier said.
The building began to be constructed in April 1959 and put into exploitation in 1960. Professors, scientists and assistant professors of the Baku State University began to live at this building in 1960.
On 19 June in 2008, police officers evacuated 40 families living at the fifth, sixth and seventh block of this building. Gas, water and power of these blocks have been cut off since then. More than 40 balconies of the building were knocked down.
On 13 August, the residents of the building, which is in emergency situation and located in district 546 in intersections of Huseyn Javid, Shafayat Mehdiyev and Landau Streets of Yasamal District in Baku, said at a news conference that their building was not in emergency situation and they would not leave their homes.
On 14 August, officials of the Yasamal District Administration instructed the residents of this building to leave their homes. In accordance with the decree of the Baku City Administration, six-month rent fee and finance was allocated for resident's temporal living at other places and to convey the property, respectively. Under the instruction, finance were transferred into special account, which were opened for the residents at the Yasamal branch of Kapitalbank.
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