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BIEL has defended interests of the client — ZAO (Closed Joint-Stock Company) “Matveevskoye” will get a decent compensation for their land

25 March 2013

Trial between ZAO “Matveevskoye”, whose interests were represented by the law firm BIEL, company “Gema invest” and the administration of Odintsovskiy District, was concluded by the parties’ agreement. ZAO “Matveevskoye” will receive adequate compensation for the illegally lost land. ZAO “Matveevskoye” won the proceeding, which lasted for three years.

Philipp Ryabchenko — the Senior partner at the law firm BIEL, confirmed that “Gema invest” should pay to ZAO “Matveevskoye” the “decent compensation” for two hectares in Odintsovskiy District. Prior to that, the Court of Appeal confirmed that the disputed hectares are owned by ZAO “Matveevskoye”.

The essence of the agreement reached by the parties of the litigation is that in exchange for the compensation (which, at market prices, can make a few million dollars) ZAO “Matveevskoye” will not execute their rights to the land plot belonging to them. As well as ZAO “Matveevskoye” will withdraw a claim to acknowledge illegal the buildings which were built in this area by “Gema invest”. Upon completion of the amicable agreement it will be approved by the Arbitrazh (Commercial) Court of the first instance. The representative of “Gema invest”, in turn, confirmed that his company is ready to abandon the cassation appeal against the court decision, which recognized ZAO “Matveevskoye” to be the owner of the land plot.

The company “Gema invest”, created by businessman Alexander Geller, owner of “Gemma Motors”, is intended to implement development projects; in the disputed area it is building a shopping and office complex of 50,000 square meters. This is not the only project of Alexander Geller — since 2011, his company “Auto Sell” fulfills a contract for advertising in the subway.

The cost of the land next to Innograd (Innovation City) Skolkovo, near the village of Marfino, at a kilometer and a half from MKAD — Moscow Ring Road, reaches 30 thousand dollars for one hundred square meters. The dispute about two hectares clearly emerged as a result of errors of the District administration, which in 1996 passed this land plot into the possession of at that time the state farm “Matveevskoye”. A year later, the owner leased out the land to the firm, which built a huge parking, which was bought out in 2004 by “Gema invest”. In 2007, the Committee for the Management of Municipal Property of Odintsovskiy District sold to “Gema invest” also the land plot itself, which did not belong to the administration any more. The law firm BIEL managed to prove an indisputable right of ZAO “Matveevskoye” to the already built-up hectares.

Experts argue that “Gema invest” for the implementation of their project will have in addition to purchase from ZAO “Matveevskoye” about two hectares in order to use the road to the complex under construction.