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Land Argument -Batumi City Hall Sold Tarielashvilis’ Land in Khelvachauri

August 6, 2007

micab.jpgNevrestan Tarielashvili, a resident of the village of Angisa in the Khelvachauri district has argument with Batumi City Hall regarding the land. Last year City Hall sold the land to the firm “Edelweiss” that was to start construction on it. It turned out that the Tarielashvilis paid taxes on the land till 2003 in vain.

Nevrestan Tarielashvili said that his ancestors lived in the village of Angisa for centuries and the land always belonged to them. “During Communist regime my grandfather was deprived of the land and only part of it, 3 500 sq. meters, remained in their possession as a housing estate. But now they are seizing event that plot.”

According to Georgian legislation, the housing estate should have been registered on the Tarielashvilis after the collapse of Communist Regime. However, during Aslan Abashidze’s government the land reform was not carried out in Adjara Region and the plots were not registered on their owners.

In 1986 Batumi Authority built a new micro-district, current Aghmashenebeli Residential District, on the territory of the village of Angisa in the Khelvachauri district. The Aghmashenebeli Street starts from Tarielashvili’s plot. Tarielashvili recalls that Batumi Authority signed an agreement with his neighbors and gave compensations in exchange of their plots. However, their family was against giving up the plot. Consequently, they could not be compensated because of refusal.

At present the right side of the Aghmashenebeli Street belongs to the Khelvachauri district and the left side belongs to Batumi. However, the border is not set yet because there is a state farm of Makhvilauri with its administrative building and citrus gardens on the left side of the street which still belong to Khelvachauri district. Tarielashvili’s plot is also on that side and it initially belonged to Angisa Collective farm and then to Kakhaberi Community. Family members said that since the street was constructed only 2 700 sq. meters of land has remained in their possession. “Our house is on the right side of the street and the garden close to it is only 880 sq. meters. The rest of our plot is on the other side of the street. The official recordings of the Kakhaberi Community state that plot belongs to us. Until 2003 when Georgian President made a new resolution, we paid taxes on 2 700 sq. meters regularly.”

Tarielashvilis finally opposed the Batumi City Hall last year. On February 24 2006 the City Hall announced competition on their plot. “The City Hall registered the plot at Batumi Public Registry on April 5 2006 only after they announced competition on it. It was violation of the law. Besides that, the plot is within the boundaries of the Khelvachauri District and is agricultural one. Ukrainian firm “Edelweiss” purchased the plot and they are going to build multi storied building on it,” said Medea Vasadze, lawyer for the Tarielashvilis.

Initially the family applied to the Batumi Civil Court and demanded to stop construction and cancel the results of the competition; however they lost the trial. Afterwards they applied to the Khelvachauri District Court which satisfied their appeal and sealed up the plot. “Since that the argument still went on. We can produce the resolution of the Georgian Supreme Court issued on May 10 2007 according to which Batumi City Hall was ordered to stop the construction. Anyway, the “Edelweiss” is still going on with construction”.

Tarielashvilis applied to the non-governmental organizations and political parties for help. Republic Party held special briefing regarding their problem several days ago and demanded the Batumi City Hall and central government to protect the private property.

Gela Makharadze, the head of the Legal Service Department within the Batumi City Hall, stated that above-mentioned plot has been within the boundaries of Batumi since 1985. “Before selling out the plot we found out at the Batumi Public Registry that the plot did not belong to either a physical person or legal entity. Consequently it is state property. As for Tarielashvili’s complaints, during communist regime the plots were granted to families for temporary possession and it could not be registered on Nevrestan Tareilashvili or his ancestor.” With the motive Batumi City Hall considers the competition results legal and is sure they will win the case in the Batumi Civil Court.

Tarielashvilis have complaints about “Edelweiss” too. “When Batumi City Hall intended to sell the plot we talked with several investors, we explained them the situation and they did not purchase the plot. Finally they discovered “Edelweiss” that is officially registered as Ukrainian firm but nobody has ever seen any Ukrainian employee in that office. They are trying to get hold of the plot with the support of police,” said Khatuna Tarielashvili relative of Nevrestani.

Givi Darchidze, representative of the “Edelweiss”, said that he is insulted by Tarielashvilis’ behavior. “We have purchased the land legally. But these people are coming and insulting us. We are protecting our rights.”

Gia Kuridze, the head of the Department for Natural Resources and Agricultural Issues within the Khelvachauri District, does not have information about the property on the land. “If Batumi City Hall announced the competition it means that it was their property. I cannot tell you whether it was within the village of Anagisa. I cannot tell you anything, the recordings on families are reserved in archives now and you should apply to them.”

Now, both sides are waiting for the court to find out the situation. Meanwhile, Batumi City Hall is working on a new project on widening the boundaries of the city. According to the draft project not only the village of Angisa but dozens of other villages within the Kakhaberi Community will belong to the Batumi Municipality.

Emzar Diasamidze, Batumi

 

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