where the park will be constructed in accordance with the project, constructions situated there shall be destroyed. The owners will receive a compensation of 1500 AZN per square meter”. The appealed to the Nasimi District Court demanding the payment of the compensation in accordance with the market price of the property and the land. Part of the house and shops were destroyed illegally, while the court proceedings were still on progress. And the court had not even attempted to come to the relevant sight. During the proceedings, the representative of the Baku City EA stated that they had not sent any notification to the claimant and they have no information regarding the destruction of the claimant’s house. In consequence, the court refused to grant the demand of the claimant regarding the compensation, basing its reasoning on the assumption that, there are no state needs in the territory of the destruction. The of the property lodged an appeal complaint against this resolution. The owner received a notification, which said that, his house will be destroyed and he will be compensated, while the case was being reviewed at appeal instance. As soon as the period of one week was granted by the Baku City EA to leave the house voluntarily, all the property of the owner was destroyed before the completion of the granted time period, and the property owner was did not have enough time to move out properly and take his belongings. such circumstances, since the factual base of the appeal changed, the owner lodged a new appeal to the court board reviewing the case at the appeal instance asking to his house and adopt a special ruling in regard to Zulfali Ismayilov, the “restore representative of the Baku City EA, the person who organized the destruction of that house”. As a result, the Baku Appeal Court made two decisions on the same date and under the same code regarding this case : (1) the Ruling refusing to accept the application regarding new claims (restoration of the house and special ruling) made on 11 February 2011; (2) the Ruling allegedly cancelling the resolution of the first instance court and on payment of 1500 AZN of compensation per each square meter of destroyed house of the owner made on 11 February 2011. Since adoption of both of the decisions violate provisions of the legislation severely, the cassation complaint was lodged against them by the property owners. Proceedings regarding these complaints were assigned to separate judges.
where the park will be constructed in accordance with the project, constructions situated there shall be destroyed. The owners will receive a compensation of 1500 AZN per square meter”. The appealed to the Nasimi District Court demanding the payment of the compensation in accordance with the market price of the property and the land. Part of the house and shops were destroyed illegally, while the court proceedings were still on progress. And the court had not even attempted to come to the relevant sight. During the proceedings, the representative of the Baku City EA stated that they had not sent any notification to the claimant and they have no information regarding the destruction of the claimant’s house. In consequence, the court refused to grant the demand of the claimant regarding the compensation, basing its reasoning on the assumption that, there are no state needs in the territory of the destruction. The of the property lodged an appeal complaint against this resolution. The owner received a notification, which said that, his house will be destroyed and he will be compensated, while the case was being reviewed at appeal instance. As soon as the period of one week was granted by the Baku City EA to leave the house voluntarily, all the property of the owner was destroyed before the completion of the granted time period, and the property owner was did not have enough time to move out properly and take his belongings. such circumstances, since the factual base of the appeal changed, the owner lodged a new appeal to the court board reviewing the case at the appeal instance asking to “restore his house and adopt a special ruling in regard to Zulfali Ismayilov, the representative of the Baku City EA, the person who organized the destruction of that house”. As a result, the Baku Appeal Court made two decisions on the same date and under the same code regarding this case : (1) the Ruling refusing to accept the application regarding new claims (restoration of the house and special ruling) made on 11 February 2011; (2) the Ruling allegedly cancelling the resolution of the first instance court and on payment of 1500 AZN of compensation per each square meter of destroyed house of the owner made on 11 February 2011. Since adoption of both of the decisions violate provisions of the legislation severely, the cassation complaint was lodged against them by the property owners. Proceedings regarding these complaints were assigned to separate judges.