The appeal confirmed the legality of housing construction on the territories of Moscow state University

© RIA Novosti / Maxim to Aminopherase in photobacteria Moscow state University named after M. V. Lomonosov in Moscow. Archival photoThe appeal confirmed the legality of housing construction on the territories of Moscow state University© RIA Novosti / Maxim to Aminopherase the image Bank

Ninth arbitration court of appeal confirmed the position of Moscow state University in a dispute with the Federal registration service on the use of land of the University in the West of Moscow on which the developer company «Inteko», was built two residential complex of business class, it follows from the filing of arbitration cases.

Earlier Rosreestr accused MSU of misuse of lands on Lomonosovsky Prospekt and were trying to invalidate constructed on campus housing. The newspaper «Kommersant» in March wrote that the University may be required to carry at home or be fined 2 billion. Later, the Deputy head of Rosreestr Maksim Smirnov said that «the issue of the demolition of residential complexes, in principle, not worth it.»

As explained in the court records, the office rosreestra in Moscow in August 2015 revealed that MSU actually uses the land in accordance with its intended purpose (for construction and subsequent operation of the new complex of buildings and structures of the University), and residential homes, offices, banks, shops, cafes and service businesses. Management gave MSU the instruction about elimination of violations of land legislation. In March 2016 Rosreestr had another audit, the results of which also issued an order to eliminate violations.

MSU has addressed in Arbitration court of Moscow with the claim to capital management of Federal registration service on the recognition of prescriptions is illegal.

Document outlining the types of permitted use of land, is the town-planning plan of land plot (gpzu), developed in accordance with the approved design plan for their respective areas. In the course of this litigation, it was determined that the design plan for this area was approved by the government of Moscow in 2006. In 2010, on its basis was developed and approved planning permission, providing accommodation not only MSU, but including residential apartment buildings, offices, banks, retail facilities, and the like.

In addition, the possibility of use of the site for residential development confirmed by an extract from the minutes of the meeting of the Commission on land issues in the Western administrative district of Moscow on August 14 2003 letter of the Department of city property from may 10, 2016, according to the materials of the court.

Given these circumstances, the Ninth arbitration court of appeal upheld the decision of the court of first instance that the actual use of the plot corresponds to his purpose. The investment contract with ZAO «Inteko», was agreed with the Federal property management Agency, while MSU duly issued the necessary permits for construction of objects and the permission to input of objects in operation, neither the management nor other persons is not disputed, the resolution of the court.

The appellate court also ruled that the court of first instance rightly held the contested provisions of capital management of Federal registration service invalid. The appeal of Federal registration service shall be left without satisfaction, says the decision.

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