Recently, Cherikbaev dismantled part of his house, but now he is being demanded to completely demolish it. At the same time, the houses of neighbors who do not have ownership documents remain untouched.
"Why is there such a selective approach?" - wonders the Cherikbaev family.They appealed to the prosecutor's office to investigate the situation.
According to Murat Cherikbaev's daughter, Zarina Beishembaeva, her father purchased this house in 1987, but its construction occurred much earlier — in 1957.
The family's problems with the house began in 2019 when a neighbor filed a complaint with the capital's land use control department, claiming that the house was built illegally. Based on this complaint, a lawsuit was filed. Cherikbaev did not have ownership documents. Beishembaeva noted that in the residential area, documents were issued selectively: some owners on the same street had them, while others did not. The girl's father tried to legalize the house, but was unsuccessful.
"The selective attitude towards the issuance of documents in our area, especially in our alley, raises many questions. It is surprising that only in relation to us is the demolition case being revived, despite the presence of many other houses without ownership documents. Why did some receive them, while we were not issued any? I appeal to the Attorney General to conduct an investigation. Was there any corruption? I ask for a thorough examination of where the law was violated: during the issuance of ownership documents or now?" - the girl stated.
Partially dismantled house of Murat Cherikbaev.
Lawyer's Opinion
Lawyer Indira Sautova, representing the family's interests, explained that the inspecting authorities who visited the alley regarding the demolition case indicate that the protection zone has not been observed: the heating pipeline runs along the alley.
Lawyer Indira Sautova.
"These houses were mainly built in 1957-1958, while the pipeline was laid by the heating plant in 1978, that is, after their construction. This is confirmed by documents. Currently, the protection zone according to the legislation is 25 meters. The court's decision to demolish Cherikbaev's house is based on the fact that there should be no buildings in this zone; however, we see that neighboring houses stand, and some of their owners have ownership documents. This also applies to this protection zone and the pipeline," Sautova added.
In the alley, there are houses that are located almost adjacent to this pipeline.
"We have repeatedly appealed to the prosecutor's office of the October district regarding the fact that some have ownership documents while others do not. Some received them in 2005, some in 2008, and some later. The question arises: how could government agencies issue permits for the construction of objects on this street if the sanitary protection norm was not observed? The pipeline has not disappeared, and we have addressed this issue to the mayor's office, but no one is solving this problem. Nevertheless, all attention is focused on the demolition of Cherikbaev's house," the lawyer noted.
Sautova suspects bias against the man and an interest in demolishing his house specifically, especially considering that the court's decision has already been executed and Cherikbaev dismantled the part of his structure that was in the protection zone.
"Instead of addressing the situation throughout the entire area, we asked the prosecutor's office why only Cherikbaev's house is being demolished and why all efforts are focused on this? Why is it not being investigated how other people received their ownership documents? Why did the state allow this at one time and now prohibits it? This is double standards," the lawyer expressed indignantly.
In response to this question, she said, they received an answer that the statute of limitations for holding responsible parties accountable had expired. "They say, who are we going to hold accountable now? The issue is not about accountability, but about the need to address the situation throughout the entire alley. All buildings violate the norms. Then we need to demolish the entire residential area or allow everyone living here to obtain ownership documents," Sautova emphasized.
The house of Murat Cherikbaev.
"No one wants to delve into this problem. They seem to think that there is a court decision, and the house of Cherikbaev needs to be demolished. But the problem is much deeper and concerns the entire area, not just this alley. Without a comprehensive approach, it cannot be solved, considering that this was an industrial zone. Therefore, we appeal to the Attorney General to conduct a full investigation, starting from the issuance of the initial documents. We suspect that those who had money had the opportunity to obtain ownership documents, while those who tried to do it legally found themselves in a difficult situation and risk being left without housing," concluded Indira Sautova.
Opinion of a BGC Deputy
Erkin Bakhtiyarov, a deputy of the BGC and a resident of the "Tokoldosh" residential area, also noted that in the area, "red books" were issued selectively.
BGC Deputy Erkin Bakhtiyarov.
"How is it possible that one person is issued documents while another is told that this is a protection zone? There is a significant problem at present. Some residents who are also in the protection zone and received a 'red book' are putting pressure on neighbors who cannot obtain this book, suing them, and demanding the demolition of their houses. This is extremely unfair," he commented.
