Friday will come to an end in SeptemberYesterday Solnechnogorsky court of Moscow Region has refused to inhabitants of settlement Ekaterina`s Shaft reconsideration of the case about a pulling down of cottages belonging to them on the bank of the Istrinsky water basin. New circumstances of business to which claimants referred, the judge recognised “ insignificant “ also has not suspended executive manufacture on business. Zamglavy Rosprirodnadzora Oleg Mitvol has assured that houses in settlement will take down in September. Summer residents on - former are full of determination to defend the dwellings.
inhabitants of cottage settlement Ekaterina`s Shaft near village the Friday, located on the bank of the Istrinsky water basin, in the beginning 1990 - h have got the houses which are in territory of the former Soviet camp site, at small enterprise “ the Moscow commercial stock exchange “ (MKB). However in 2002 MGUP “ Mosvodokanal “ has addressed with the claim in court, having accused inhabitants of settlement of pollution of a water basin and “ Autocratic capture of a water security zone “. In September, 2003 the Solnechnogorsky court has made the decision on a pulling down of cottages as the distance between houses and a coastal line makes less than 55 m that contradicts the Water code. In 2004 this decision was confirmed with Moscow Regional Court then summer residents have written the complaint to the Supreme court.
court enforcement officers of summer residents tried to move already three times. Last time, on August, 4th, to settlement together with them there have arrived fighters of department on maintenance of the established order of an activity of the courts which force have forced owners to release houses (see from August, 5th). However, after police officers have left, owners have returned again to the dwellings.
simultaneously summer residents tried to suspend eviction, having put in in court the statement for revision before the made decision on a pulling down. Yesterday business was considered in Solnechnogorsky city court. Judge Tatyana Kapitova has asked claimants to name “ new circumstances “ From - for which, in their opinion, it is necessary to reconsider case. Andrey and Anna Smirnovy, and also lawyer Vera Krylyshkina, representing interests of all suffered tenants, have begun to prove that moved summer residents are diligent buyers of dwellings. “ in the middle of 1990 - h when these houses were bought, all has been issued according to operating then the legislation “ - madam Krylyshkina insisted. As she said, MKB has got these houses still before has been created “ Mosvodokanal “ and to co-ordinate with it the transaction has been obliged nobody. One more argument of protection was that fact that at the moment of removal of judgement MKB a year as did not exist, therefore, according to madam Smirnovoj, “ the court has accepted a number of erroneous decisions “.
“ Two hectares of the earth have been fixed to co-operative society conditionally in the beginning 90 - h without the right of any building to the earth “ - the representative of Office of Public Prosecutor parried these arguments. As he said, the fact of liquidation MKB is known for a long time to a consequence and cannot be " in any way; new circumstance “ and an occasion to reconsideration of the case. Arguments of protection have seemed to judge Kapitovoj insufficiently essential, that “ on their basis the judgement " could be reconsidered; and it has taken out definition about refusal.
“ I think, by September there there will be no house, - mister Mitvol has declared. - By results of actions of inhabitants on August, 4th to summer residents the account in the triple size on fee of court enforcement officers and services of workers which came will be exposed to move them, is about 1,5 million roubles a day “. “ We are going to appeal against against this definition in the Moscow regional court and to submit the separate claim about a recognition of inhabitants of Friday diligent buyers “ - madam Krylyshkina has declared.
today in Solnechnogorsky court the complaint of inhabitants to actions of court enforcement officers will be Already considered. “ if police officers again come with the weapon, it will be the mad action, but we will hold the ground “ - madam Smirnova has declared.