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What Happens When Government Likes Your Plot?

April 19, 2011

Tsira Gvasalia, Liberali

Jumber Beridze showed us completely shoveled plot where a week ago he had vine-yard about. Now, workers with red hamlets are working there - in the territory near the Tbilisi Reservoir. The plot still belongs to Jumber Beridze on documents but nobody pays attention to it. His plot turned up in the area of project for the sidetrack of the Tbilisi railway. Before railway is paved, workers are building small huts for them to live in.

The owners of about 300 plots near the Tbilisi Reservoir appealed to the Tbilisi Appeal Court because of low compensations they are offered for their properties. “The Georgian Railway”, which is constructing the railway road in the area, offered 6 GEL for one square meter of land to the owners though the City Hall estimated the normative price of one sq. meter in the area as 14 GEL. The construction is funded from the European Bank for Reconstruction and Development (EBRD). The construction activities have already started near the Tbilisi Reservoir and yellow excavators are already cutting off the upper layer of the soil.

The LTD “Georgian Railway” signed agreement for the implementation of the project and according to it, the EBRD has to fund the project with 100 million Euro and the construction shall finish within three years.

Amiran Apkhazishvili has fenced his one-hectare fruit-garden with iron and bush prickles. Three days ago, the workers dismantled part of the fence without asking the permission of the owner. Amiran Apkhazishvili, with the support of translator, explained to the foreign workers (JSC KhidMsheni is projecting and building the road according to the contract with The Georgian Railway) that he had not finished negotiation with the Georgian Railway about the compensation sum. As a result, the workers repaired his fence but since then the father and son Apkhazishvilis have been guarding their garden. They and the rest 300 plot- owners have one complaint: they believe 6 GEL for one sq. meter is unfairly low price; furthermore, when evaluating the land, the evaluators did not add the price of fruit-trees to the land price.

Levan Samkharauli National Bureau of Forensic Expertise evaluated the plots of the people residing near the Tbilisi Reservoir. The plot-owners do not agree with the expertise results but the “Georgian Railway” is appropriating their plots without negotiating compensation sums with them.

There are two or three meters between the excavators and the oak-tree plantation of the Sesitashvilis. The land owner Davit Sesitashvili arrives at his plot every day, which is 800 meters away from the Tbilisi Reservoir. The family leased the plot; then registered it at the Public Registration Agency and has been harvesting walnut “Ideal” for more than 20 years. They receive harvest two times per year.

The railway road divides the oak plantation in two almost equal parts. The part of the garden on the side of the Tbilisi Reservoir becomes completely useless for the owner because it will be impossible to irrigate it after the construction finishes. So, the Sesitashvilis request increased price on the plot as well as procurement of this part of the plot.

“It will be impossible to irrigate the oak-trees on the other side of the 10-meter trench of the railway road. First of all, we will receive half of our harvest after that and the unity of the plantation will be deteriorated,” said Lia Sesitashvili.

In the framework of the sidetrack railway road, the evaluators examined Sesitahsili’s garden too and offered 6 GEL for one square of meter. The family requests more compensation and has already appealed to the Appeal Court.

“They should also consider my labor in this garden; they should not make fun of me,” said Davit Sesitashvili who guards his plantation every day in order to prevent excavators from breaking into his property; they work only two meters away from his plot.

The Tbilisi City Court allowed the Georgian Railway to expropriate the plots in the area. It means, the Georgian Railway can seize properties from owners for minimal price because the ongoing project has state importance.

The land owners continue their fight for proper compensations. After they have appealed all national courts, they intend to appeal to the European Court of Human Rights too.

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