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Penza court decision on demolition of three-story annexe to “Kosmos-City” shopping center came into force

16:12 | 14.10.2014 | Society

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Penza, 14 October 2014. PenzaNews. Penza court decision demanding the businessman Oleg Totsky to demolish a 3-story annexe of over 1,000 sq. meters to shopping center “Kosmos-City” at his own expense came into force.

Civil action on the city administration lawsuit against the businessman on the demolition of unauthorized building, and Oleg Totsky’s counter-claim about the ownership of the annexe, was tried in Oktyabrsky district court.

“At the hearing, the court established that Oleg Totsky carried out construction work without complying with minimum land plot line margins listed in the Land Use and Development Regulations of Penza. The case file also provides the evidence of the actual location of the sewerage network and location of the property within the boundaries of storm water drain protection zone, which violates the urban engineering standards of the Penza region,” the spokesman of Oktyabrsky district court of Penza told PenzaNews agency.

He added that the actions of the builder pose a threat to the legal interests of individuals and legal entities located both in and by the disputed annexe.

“This, in turn, is a violation of Part 3, Art. 17 of the Russian Constitution, which states that the exercise of the rights and freedoms of man and citizen shall not violate the rights and freedoms of others,” the agency interlocutor said.

The court representative said that according to the expert opinion, the size of the sanitary protection zone for the property according to sanitary norms and regulations is set at 50 meters.

“Therefore, the apartment building located at a distance of 15-20.5 meters from the structure, is in this zone, which does not meet the requirements. This indicates that preserving the building in question, which was constructed in violation of the sanitary protection zone, is clearly prohibited by sanitary norms and regulations, and poses a threat to life and health of citizens,” he explained, noting that due to these circumstances, the court satisfied the claim of the city administration and rejected the counter-claims from the businessman.

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