Dispute over apple orchards in Almaty: Decision made to return hundreds of hectares

Tengrinews.kz - The Economic Court of Almaty has ruled to return 822 hectares of land, on which apple orchards are located, to the state.
The specialized economic court heard a civil case filed by the Almaty Prosecutor's Office against the company "International Association of Clubs," the akimat (local government administration) of the Karasay District, and several individuals, regarding the invalidation of the 2004 decree by the akim (governor) of the Karasay District of the Almaty region, which had granted 822 hectares of land in private ownership, as well as the sale agreement and related documents. The court also ordered that the disputed land plots be returned to the state forest fund.
According to case materials, the land was initially granted by the district akimat for agricultural purposes. Later, by presidential decree, the land fell within the borders of Almaty. Based on an order from the city's land management department, the land was deemed divisible, split into 16 parts, and subsequently sold to private individuals.

"The court found that, according to Article 119 of the Water Code, land plots from the water fund can only be granted for temporary use and solely for the needs of agriculture, forestry, fishing, or hunting. According to the Almaty Architecture and Urban Planning Department, the land in question is crossed by the Kerenkulak River and the Berkara Stream. This fact indicates that the land is part of the water fund and, therefore, must remain in state ownership," the court's ruling stated.

Referring to a similar case concerning another 30.9-hectare plot, the court ruled that the transfer of this land from the state fund to private ownership was illegal and unfounded, and the plaintiff’s claims were fully upheld.
Earlier, it was reported that Kazakhstan has reclaimed more than 2 million hectares of land for state ownership since the beginning of 2024.