Makhachkala City Hall Loses Court Case on Construction of High-Rise Building Near Port Hospital

The Yessentuki Arbitration Court of Appeal ordered the Makhachkala mayor's office to issue a permit for the construction of a 14-story building near the Portovskaya Hospital within seven days, which was opposed by residents of neighboring houses.

As "Kavkazsky Uzel" wrote, on January 29, 2024, a video was published on the "Gorod Nash" movement's Instagram page*, in which residents of Sinyavina Street in Makhachkala complained about the destruction of a park area on the territory of the Portovskaya Hospital. Local residents held a meeting at which they demanded that a private company stop cutting down a park with fruit trees. They are trying to turn a plot of land with a garden in the Kirovsky District into a site for the construction of a multi-story building, local residents complained. Residents of houses near the Portovskaya Hospital are fighting against the construction of a multi-story building, fearing the destruction of their houses, which are located on rock. Activists expressed hope that the first response of the authorities to their appeals in a long time, the statement of the head of the republic Sergei Melikov, will help to return the land given for development to federal ownership.

The appellate court issued a decision on the project to build a house on Parkhomenko Street in Makhachkala, the Novoye Delo publication reported today.

The Sixteenth Arbitration Court of Appeal overturned the decision of Dagestani colleagues to ban the issuance of a permit for the construction of a multi-story building by the Parkhomenko Housing Cooperative. The appeal to the court was filed by shareholders of the housing cooperative "Parkhomenko", the ruling published on the court's website states.

"To recognize as illegal the refusal of the municipal state institution "Department of Architecture and Urban Planning of the Administration of the urban district "city of Makhachkala" to issue a building permit, expressed in letter No. 51.07/5506/23 dated 05/22/2023. To oblige the municipal state institution "Department of Architecture and Urban Development of the Administration of the Urban District of the City of Makhachkala" to eliminate the violations of the rights and legitimate interests of the housing and construction cooperative "Parkhomenko" and, within 7 days from the date of entry into force of the court ruling, issue a permit for the construction of an apartment building with non-residential public premises in the basement and a two-level underground parking on a land plot with cadastral number No. 05:40:000034:3112 based on the application of the housing and construction cooperative "Parkhomenko" and the documents submitted," the ruling of July 9 says.

Earlier, the sixteenth appellate arbitration court had already recognized the issuance of a permit for the construction of a 14-story building near the Portovskaya Hospital as illegal; the North Caucasus Federal District Arbitration Court of Appeal sent the case back for a new trial. The court of first instance once again recognized the refusal to issue a permit for construction, follows from the text of the document.

A teacher at the Dagestan State Agrarian University, Uma Gadzhieva, previously told the "Caucasian Knot" that she has lived near the Port Hospital on Sinyavina Street, 31 since 1978, this is the home of the teachers of this university.

"Our house is on rocky ground, and the construction of a multi-story building is planned in the immediate vicinity, about 20 meters. If they start blasting the rock, our house will simply slide down. He had previously suffered in the explosion on Parkhomenko Street, the joints of the walls in my kitchen and toilet came apart after the explosions," says Gadzhieva.

Resident of Sinyavina Street Raisat also reported that residents of nearby houses are against the construction primarily because there is a rock formation there. "We have already suffered after the assassination attempt on Said Amirov. There are huge cracks in our house and basement. As the developers explained to us, blasting operations will be carried out. Our house simply will not withstand. And life support systems, cold and hot water pipes, heating run through the territory of the Portovskaya hospital. They plan to remove them," the woman says.

* Meta (which owns Facebook, Instagram and WhatsApp) is banned in Russia.