A citizen has applied for the Ombudsman’s assistance for obtaining construction license on a land legally belonging to him...

Application (Case N 1/1423-11).  A citizen has applied to the Ombudsman with a complaint, that, in 2009, on the basis of purchase and sale agreement, he purchased property – 82.55sqm public land, pursuing to have a public establishment. But the Yerevan Municipality has rejected the applications for construction license and project coordination motivating, that the territory is verdurous. Actually, in the architectural assignment’s “land current conditions” line (where the fact of verdurous territory existence should be mentioned) it is noted “a small un-renovated transversal territory”, and adjacent territory improvement is foreseen by the line “reconstruction”.

Solution:  Studying the case, the Ombudsman decided to obtain clarifications from the Yerevan Municipality. The clarifications are as follows :

1.      The observed territory is verdurous.

2.      Complaints of residential buildings’ citizens  located adjucent to the territory. 

3.      The Yerevan Municipality Architecture and Urban Development Department and Malatsia-Sebastia District administration are discussing options of exchanging the territory with an equivalent one.

         Result :   After studying the case the Ombudsman decided, that the citizen’s rights have been violated by the reason of actions (inactivity) of the Yerevan Municipality. He suggested to solve the issue of subjecting the official, who has flawed, to disciplinary liability and take measures to prevent such violations.