Defenders of the Portovskaya Hospital announced plans to continue the fight against the construction of the residential complex.
The Arbitration Court of Dagestan denied the Portovskaya Hospital's claim for the return of the land plot to the ownership of the Russian Federation; the decision will be appealed. Residents of Makhachkala living nearby continue their fight against the construction of the housing cooperative "Parkhomenko" since 2019, while the republic's authorities are in no hurry to side with the residents who fear for the safety of their homes.
As reported by "Caucasian Knot", the Makhachkala city administration appealed the decision of the appellate court, which ordered the issuance of a construction permit for a multi-story building near the Portovskaya Hospital. Residents of the area appealed to Putin and Melikov demanding not to allow the construction. They fear that during the construction of this building, the nearby houses may simply collapse. They are also convinced that the park zone will only be a promise from the developer. Makhachkalintsy reminded that Melikov stated in February 2024 that houses should not be built in the republic based on the principle of housing cooperatives. In the area where the housing cooperative "Parkhomenko" plans to build a multi-story building, there is dense construction and a lack of social infrastructure; if a new facility is built, the existing problems will only worsen. Residents of the area decided to order an expertise to assess the risks of destruction of the existing houses in the vicinity.
In July, the Appellate Arbitration Court in Yessentuki obliged the Makhachkala city administration to issue a permit for the construction of a 14-story building near the Portovskaya Hospital within seven days, against which residents of neighboring houses protested. On January 29, 2024, a video was published on the Instagram page of the movement "Our City", in which residents of Sinyavina Street in Makhachkala complained about the destruction of the park zone on the territory of the Portovskaya Hospital. Local residents held a meeting, demanding that a private company stop the cutting down of the park with fruit trees. The plot with the garden in the Kirovsky district is being turned into a site for the construction of a multi-story building, local residents complained. Residents near the Portovskaya Hospital are also fighting against the construction of a multi-story building, fearing the destruction of their houses, which stand on rocky ground.
On October 26, the Arbitration Court of Dagestan denied the Portovskaya Hospital's claim for the return of the land plot to the ownership of the Russian Federation, reported on his Telegram channel a member of the "Our City" movement, representing the interests of the Portovskaya Hospital, lawyer Arsen Magomedov.
He added that the judge asked the same question several times during the process — why the hospital, and not the prosecutor's office or Rosimushchestvo, is demanding the return of the plot to the state, suggesting that this circumstance could have been one of the main motives for the refusal.
The court's decision will be contested after receiving the reasoned decision, the lawyer reported.
"The position of the representatives of the Dagestan prosecutor's office and the transport prosecutor's office deserves special mention. I asked them: does the alienation of the land plot on which the fire reservoir is located, intended for use as an alternative water source in case of fire, not affect public interests, which the prosecutor's office is also supposed to protect? Shouldn't the clarification of these circumstances primarily interest those bodies that are obliged to protect public interests?" - Magomedov reported.
He noted that the prosecutor's office can still file a claim demanding the return of this plot. Arsen Magomedov added that in September, the Investigative Committee of the republic did not check the possible involvement of specific individuals in the alienation of the territory of the Portovskaya Hospital during the privatization of more than 7 thousand square meters of federal land and hospital property.
"At the same time, the statement was not even considered under Articles 144–145 of the Criminal Procedure Code of the Russian Federation as a report of a crime. Instead of a procedural check, we received a response in the manner of considering ordinary appeals. Meanwhile, the statement contained not only arguments about the possible illegality of the privatization but also specific circumstances indicating the possible involvement of certain individuals in it," - said Magomedov.
A resident of the microdistrict Said told a correspondent of the "Caucasian Knot" that currently the construction area is fenced off, and construction materials are being brought in.
"No matter how much we appeal to various instances, they do not want to listen to us. After all, we are not protecting our personal territory, but state land on which the hospital is located. Despite the courts siding with the developer, we will continue to fight," - Said says.
Earlier, a resident living near the Portovskaya Hospital on Sinyavina Street, a teacher at the Dagestan State Agrarian University Uma Gadzhieva, told a correspondent of the "Caucasian Knot" that this territory is an area of dense construction. Their house stands on rocky soil, and the construction of a multi-story building is planned in close proximity, and the developer intends to drive in six-meter piles. "If they start blasting the rock, our house will simply slide away," - Gadzhieva said.
On October 29, she told a correspondent of the "Caucasian Knot" that despite the recent court decision, the residents of the microdistrict do not intend to give up.
"Since 2019, we have been doing everything possible and impossible, but it is surprising that our government does not even want to meet with us. All summer we tried to get an appointment with the head of Dagestan and the chairman of the government, but unsuccessfully. From there, we were sent to the city architecture department, where the head said that he issued a construction permit based on the court's decision, and 'if you win the court, we will return the plot.' The Investigative Committee said that they are dealing with more important matters and redirected us to the prosecutor's office. This is a hospital where medical examinations are conducted, including for employees of the prosecutor's office and investigative bodies. We are not protecting our own garden; why such indifference is unclear," - Gadzhieva says.