“Botanika” residential project halted as court rules against construction permit

A legal dispute over the "Botanika" residential complex, located near the Botanika Park in an industrial zone of Mirzo-Ulugbek district, has been ongoing for over a year. Entrepreneurs claim the complex is being built in violation of regulations that prohibit residential construction within industrial zones. Kun.uz reviewed court documents related to the case.

According to the records, “United Industrial Equipment” LLC filed a lawsuit requesting the annulment of Permit No. 1726269-126017, issued by the Tashkent City Main Construction Department on August 15, 2023, which authorized residential construction in the industrial area. The plaintiff also demanded the invalidation of the department’s conclusion dated September 22, 2023 (No. 95161354).

On April 19, 2024, the Tashkent Inter-District Administrative Court rejected the company's claims. However, the case was later reviewed by the Tashkent City Administrative Court’s appellate division.

A representative of the Tashkent City Department of the Sanitary-Epidemiological Committee testified that the construction site is located within an industrial zone. According to regulations, residential buildings must be situated at least 50 meters away from warehouses, which this site fails to meet. The project, therefore, does not comply with sanitary standards.

An expert from the Mirzo-Ulugbek District Emergency Department noted that the distance between the property of “United Industrial Equipment” and “Unieq Finance Leasing” LLC and the foundation of the “Botanika” building ranged from 4.6 to 8.3 meters, thus violating minimum required spacing guidelines for building placement.

On July 29, 2024, the appellate division of the Tashkent City Administrative Court reversed the lower court’s decision, declaring the September 22 conclusion of the Construction Department invalid. It also issued a private ruling instructing the department to address identified errors and report back to the court within a month.

However, on September 13, 2024, the supervisory board of the same court overturned the appellate decision and reinstated the original ruling that had denied the plaintiff's claims.

The case ultimately reached the Supreme Court. On January 27, 2025, the Administrative Chamber of the Supreme Court upheld the appellate court’s July 29 ruling and its private order.

The Prosecutor General has now submitted a protest seeking to overturn this Supreme Court decision by the Administrative Chamber.