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One More Private Property Is Being Deconstructed

July 23, 2007

ngrevab.gifTwenty-six families, former residents of the Tabukashvili Street 50, Tbilisi, have remained in the street. Their private property started to be dismantled without warning the inhabitants. It was known that Tbilisi City Hall had some complaints about the building; however the deconstruction of the house started without having warned the residents. According to the City Hall, the reason for the situation is construction  through violating the rules; As for inhabitants, they state that the reason for the situation is investor’s interest who is going to build up a hotel in the area. The name of the investor is “Kempinski.

The deconstruction of the building started on July 20. Representatives of the Supervision City Service Department suddenly appeared at the Tabukashvili Street # 50 and started to execute the resolution that envisages the deconstruction of the thirteen-storied-building.
The inhabitants did not have any information about the resolution and the arrival of officials panicked the people. They were smashing window glasses and did not allow the inhabitants to leave the building. Neither those people, who were outside the building, were allowed in. Old and disabled people remained in the block of flats.

The situation complicated when residents of the building tried to block the Rustaveli Avenue. Patrol policemen tried to detain some of them not allowing people to block the avenue. Part of the inhabitants applied to the court with the support of their lawyer and demanded to stop the deconstruction.

“The deconstruction has already started, however they will be obliged to wait for the court decision,” said inhabitants. However, nobody waited for the verdict. Nevertheless the court did not satisfy the demands of the suitors.

People were watching their house being pulled down. Although inhabitants urged officials to allow them to take out their things from flats, nobody let them in. Only one foreign inhabitant of the building was allowed to get out his stuff. Several people were injured during the clash with patrol police; a First Aid doctor was one among them.

Officials from the Supervision City Service Department claimed that residents had been informed about the deconstruction and had already been offered compensation for the damage. The building had not been exploited and it has become the reason for dismantling. “The Supervision City Service Department has been announcing for several days that people who have decorated flats will be reimbursed with 1 400 USD for a sq. meter of their flats. As for undecorated ones, inhabitants will receive 1 200 USD for a sq. meter. Only ten families lived in the building at the moment. Some of them accepted our offers. We have rented flats for them. The City Hall is going on with negotiations with those families who have refused our offers. Although, initially, the building should have been low-rise, they have built thirteen stories of it. As for steadiness of the house, it does not follow the standards. Thus, the resolution on deconstruction was enacted,” it was comments made by Davit Avaliani, Deputy Head of the Supervision City Service Department.

The inhabitants said that nobody has ever offered them anything and all statements made by officials are fraudulent. “Who has warned us? Look at us. If we had been warned we would not have left our clothes and stuff at home. We have money at home and nobody lets us in to get it. Will they pay us back if somebody steals it? I have no money on me to buy food. I am diabetic and I should not be hungry,” said one of the inhabitants.

Residents of the building expressed their protests in various ways. Some of them tried to negotiate, while others were demanding to let them take out their stuff. However, they could not succeed. “Don’t you have wives, children, families, aren’t you Christian people? Even Jalal-ed-din did not do similar things. Let us get up in our flats to get our stuff. God will punish you for your behavior,” similar words were heard all day long; however nobody paid attention to them.

Lawyer Tina Khidasheli, a member of the Republican Party, said that it was quite natural that the court did not satisfy the appeal of inhabitants. “I did not expect the judge to satisfy the appeal. The people demanded in their appeal to stop the deconstruction until the court finished the case discussion. The point is that the appeal was delivered to the court several days ago but the judge has not discussed it yet. It is protection of the private property and assertion of legal inhabitance of these people in the building. We maybe witness some miracle and the court will pass impartial verdict. It is barbarism and encroachment of private property. Davit Avaliani also proves that their activities are illegal because the City Hall is ready to pay 1 200 and 1 400 USD to the inhabitants. If the City Hall claims that the building is illegal and those people reside it illegally, why do they offer reimbursements? It means they have involved illegal activities. If the City Hall states that those people do not deserve anything, why are they paying money for rented flats?”

Public Defender, Sozar Subari, stated the situation was barbarian. “When we treat private property like that, it means we are not living in constitutional country. It is barbarism.”

The inhabitants were waiting to get into their flats till late night. Finally they got in and they were given time to empty their flats till 3:00 PM of the next day. The residents demanded the Supervision City Service Department to give concrete answers to their questions. “Why have you evicted us from our flats; produce corresponding documents that you are offering us some compensation. Nobody needs your empty proposals. Every resident of this building will set up tents in the street; this land belongs to us and nobody will seize it. Despite all obstacles we will settle on the same territory.”

Simultaneous to the deconstruction, the flats are still being emptied. The residents state that nobody has offered them any real compensation. The Supervision City Hall Department claims the opposite.

One of the residents of the building: “We are astonished. Nobody of us expected similar situation. There were no offers regarding compensations. They only advise us to take our things out of the flats. I can say that flats are robbed; the doors are broken and we are astonished. If we go on appealing to the courts against the government, the latter will be seriously damaged. The Authority has already lost this case at court. We will bring our suit to the Strasburg Court and this government will be ashamed again for its behavior. “

Badri Zakarashvili, a resident of the ground floor of the building: “Total space of my flat is 250 sq. meters and it was almost decorated. I was in Kutaisi during the events. They called me and said the house was being deconstructed. I arrived immediately. Nobody has offered any compensation to me yet. Similar fact has not take place officially. I have no way out, I am emptying the flat. I am losing those expenses I have spent on decoration. I do not know what will happen in the future. The construction of the house lasted six years and we possess all official documents on the property. The flat is mine.”

Inhabitants were so annoyed that they did not avoid using foul language. “The Supervision Department brought cars. We demanded ten cars and they brought twenty instead. We cannot carry out the furniture from lower floors so they have to get helicopter to land on the roof. Leave me alone if you are my brother...”

One of the reasons for deconstruction is investor who has purchased the former building of Constitutional Court (so-called Imeli building) and the investor is going to start huge construction in the area. The investor is Hotel Kempinski.

The residential building that is being deconstructed is located close to the Imeli building. Final sight of the Kempinski Hotel can be viewed on the website of the company. The building in Tabukashvili Street # 50 is not seen on the plan. The whole territory will be occupied by the hotel. Moreover, if they are deconstructing the building because it was thirteen-storied, the two towers of the future hotel will be 16 floor-high.

Inhabitants are not going to give in and they are about to go on their struggle through court.

Eka Gulua

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