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Land Plots Granted Based on Incorrect Survey Maps Results in Legal Row

December 19, 2008

Saba Tsitsikashvili, Gori

A large scaled privatization started for those agricultural plots that were provided under a lease agreement in the Shida Kartli Region. However, it was soon apparent that all was not well when protests broke out in several villages of Shida Kartli. The locals were against the mass privatization scheme.  For instance, the inhabitants of village Zeghduleti protested against the privatization of pastures that belonged to their village. They said that the poor peasants would not be able to purchase pasture plots and that strangers will gain control of their pastureland. However, in the end they found the solution. They started collecting money to buy the plots but it was too late. The pastures had already been sold off. It turned out that the plots were granted on lease according to incorrect maps for years.

Many tentents  suffer from inaccurate maps after having leased the land plots. Piruz Bazandarashvili, an inhabitant of village Karaleti is among them. The warrant, the Civil Registry Agency gave him was incorrect because it was written based on incorrect maps. However, these were official maps at the time of the lease agreement.

Piruz Bazandarashvili accuses Shalva Kechkhuashvili, the former head of Shida Kartli Land Management Division of misappropriation of his plot. Bazandarashvili says that he leased a 9,35-hectare plot at the border of villages of Dzevera and Karaleti back in 2001. He managed to cultivate the plot totally only on the first year because the next year 4,5 hectares of his plot was misappropriated by Kechkhuashvili who is the inhabitant of village Dzevera.

The thing is that Bazandarashvili’s and Kechkhuashvili’s plots are located next to each one another and at the same time between Karaleti and Dzevera villages and that that is why they are bordering the plots belonging to those villages.

Piruz Bazandarashvili leased the plot officially in 2001. Land survey map for this plot was made by Davit Okruashvili, main specialist of Land Management Division. The leasing documents are signed and stamped by Kote Abashishvili, head of Gori District Land Management Division and Zakaria Mazmishvili, head of Division for  Ageculture and Provisions. In 2002, the same people made the documents for Shalva Kechkhuashvili. However, no one pay attention to the fact that they were taking a part of Bazandarashvili’s plot and attributing it as being part of Kechkhuashvili’s plot. Kechkhuashvili cultivated a  plot that he had no legal right and that is how the conflict initially started.

Piruz Bazandarshvili: “I took the 9,36 hectares of land in 2001. A part of this land is a pasture plot. I cultivated 8 hectares the first year. Next year my neighboring tenant Shalva Kechkhuashvili cultivated half of my plot so that he did not say or ask anything from me. I applied to various bodies of district adminsitration many times. Our dispute has been going on  for years. At some point Kechkhuashvili gave away a part of my plot and changed the border line again. However, in the end he did not return the whole territory that was misappropriated from me.  According to the document taken from National Agency of Civil Registry of Ministry of Justice the plot is totally mine. The document which was issued on March 27, 2008 and it proves that I am correct. My opponent has a incorrect land survey map. However, in spite of this, Kechkhuashvili remains silent. I want the truth to be revealed and my property returned to me. For years Kechkhuashvili had been harvest crops from my plot and I had been paying taxes instead of him. If he were a peasant I would think that he made a mistake out of ignorance but he had been the head of  Shida Kartli Land Management Division for years, and he is well aware of everything. I think he abused his power and misappropriated part of my plot. Now I am asking everyone for help.”

Piruz Bazandarashvili says that the conflict with Shalva Kechkhuashvili is going out of control. He does not do anything illegal. He applied to the Gori District Police and asked them to help him in solving his problem.

Shalva Kechkhuashvili visited the Human Rights Center’s office with land survey maps, ordinary maps and the president’s order.

Shalva Kechkhuashvili: “In 2002 the law enabled us to take plot on lease. I took 50 hectares. According to the district adminsitration’s resolution a plot was selected. 25 hectares out of 50 were allocated from a reserve fund. I refused the first part of the 25 hectares allocation and took only the remaining 25 that was not from reserve fund. This plot was situated on the border of the village. So I then collected  the heads of Karaleti and Dzevera village administrations and land specialists to investigate that the borders were set based on the incorrect maps. Bazandarashvili attended this meeting. Bazandarashvili argued that I had taken one part of his plot. I told him I was ready to solve the problem with the help of specialists. I also told him that I would arrange everything in this regard. However, he did not show up after this for several years. When he finally came to me he brought a document from Civil Registry Agency and a map of our territory dating 1967. We agreed to change the borders in his favour. I gave him a part of my land because I respected his dignity and besides I wanted to solve the problem without envolving with court proceedings. In the end Bazandarashvili ended up with  his 9 hectares. Have I done anything illegal? You can ask experts. I refused on the land at his favour and who is a victim now? Bazandarashvili claims on the land based on the document that he had extracted from Civil Registry Agency. I am saying that there are mistakes in this document. The president’s order proves my allegation. Also there is one more thing: Bazandarashvili should have taken pasture but he took prime agricultural land. He does not want to apply to court just like me but the reason is that he had taken agricultural plot in stead of pasture, and this will be revealed during the court hearing. He does not want this and that’s why he does not sue me.”

The Human Rights Center contacted Davit Okruashvili, main specialist of Land Management Division. He does not deny that there the maps were made with some mistakes. “We made a land survey map for Bazandarashvili based on Karaleti map. After one year we did the same for Kechkhuashvili but this time we used Dzevera’s map. I made maps both for Bazandarashvili and Kechkhuashvili. It turned out that the borders were delineated incorrectly but I did not intentionally make mistakes. I was misled by the Karaleti and Dzevera maps. Borders do not match and those who registered the maps should have checked if the maps were correct or not. Why were those maps signed and stamped without having inspected them? I think that these maps are now worthless. I trust more to the document that was extracted from Civil Registry Agency. There are less mistakes,” said Okruashvili.

Davit Oniashvili, head of the Civil Registry Agency considers that this conflict must be solved in between the land tenants.

Davit Oniashvili: “This is not a common problem but I admit that such cases do occur. The best solution would be if conflict sides make an agreement but sometimes none of can agree to a compromise. I know this case very well. Several years ago they agreed that Kechkhuashvili would give away a part of his plot and I do not know why Bazandarashvili is now argueing again?

Everybody can make mistakes. Maps were made incorrectly but what can we do now? It was the responsibility of the Organization for Georgian Land Managment to properly draw up the land maps. This organization does not exist so we can not argue with no one now.  We though the conflict between these two tenants was over but if any of them does not agree, he can now lodge an appeal in court. There are no levers left for  finding the truth. The state body that used to measure off the land does not exist any more. This kind of work now falls under the responsibility of the private sector. The Ministry of Economics will make an electronic version of new land survey maps. After that this electronic database will be used when anyone wishes to buy a plot. In this case, however, there is no other option. The solution is only to apply to court.”

We escorted Piruz Bazandarashvili to the Tkviavi Police Department. This case is being investigated by Zaza Mikhanashvili. “ Piruz Bazandarashvili lodged an application. I advised him to apply to court,” he said..

The leased plots were provided with the use of incorrect maps. Tenants are forced to go to various bodies and courts instead of cultivating the land themselves.

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