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“Hayanatar NGO Files New Claim in Ongoing Trial Against Former Finance Minister, Seeking Compensation for Non-Registered Agricultural Land Use”

The “Hayanatar” NGO has filed a new claim against Gegham Khachatryan, the former Minister of Finance, in an ongoing trial process that has been going on for almost 3 years. The NGO is seeking compensation of 928,770 AMD from Loura Epreremyan for the use of non-registered agricultural land, which violates the terms of the lease agreement.

Prior to this claim, “Hayanatar” had already applied to the court to resolve a dispute between the NGO, Gagik Khachatryan, and Loura Epreremyan, which arose on April 8, 2010, regarding the lease agreement of non-registered agricultural lands.

Under the agreement, Epreremyan had the right to use the non-registered agricultural land for 50 years, paying a rent of 9.42 AMD per square meter for agricultural purposes. However, “Hayanatar” claims that the lessor violated the terms of the agreement by converting the agricultural land into non-agricultural land through unauthorized construction work.

The court has accepted the case and appointed experts to determine the extent of damages caused by the non-agricultural use of the land. The proceedings have been temporarily suspended until the examination results are ready.

In 2022, a trial was held, and by a Supreme Court decision on February 27, 2023, the rulings of Judge Narine Nakhshkaryan were annulled. The case was then sent for retrial to Judge Erem Yesoyan on May 8, 2023, and proceedings resumed on May 16, 2023. The trial was completed, and on October 16, 2023, the initial trial was invited to the court.

On March 11, 2024, Sevak Markosyan, the director of “Hayanatar” non-profit organization, and the head of the public organization “Hayantara”, applied to the court for a consultation concerning the change of purpose and basis of the claim regarding the lease agreement for non-agricultural lands.

The court also accepted “Hayantara’s” claim against the organization “Lucy Verde” and demanded resolution of the lease agreement for non-registered agricultural lands based on non-agricultural use and compensation for damages. The trial is currently being held before Judge Daniel Mkheyan.

Moreover, the trial also addressed the issue of the penalty amount under the loan agreement for the breach of taking out a non-registered loan, referring to Paragraph “e” of the 60th Article of the Republic of Armenia’s Civil Code.

The court has requested case materials from the lessor, “Khachestry” PSC, which is affiliated with the “Lucy Verde” organization. In response, “Hayanatar” demanded compensation of 928,770 AMD from Epreremyan.

The initial mediation was rejected because the amount of the fine for failure to fulfill penalties under the loan agreement was two percent of the total amount, and the claimant had already paid 4,000 AMD at the time of submitting the claim. The representative confirmed an additional payment of 14,575 AMD, and the defense raised the issue of providing evidence for the payment.

A ruling was made on April 5, 2024, confirming the proper presentation of evidence.

The land in the area of the Khachatryan family in Dzaghgazor, Dilijan, has been leased by the “Khachatryans” for a long time. Armen Nazaryan, Gagik Khachatryan’s brother-in-law, is involved in managing this business and other family-related businesses, such as “Megakontsern” LLC, “Yukom” LLC, and “Mari Tamrazyan” LLC.

“Louch Verde” rented a total of 7.9 hectares of land from Epreremyan, paying an annual rental fee of 395,000 AMD according to the agreement.

The “Hayanatar” NGO also filed a claim against “Louch Verde” for the resolution of the lease agreement for non-agricultural land based on non-agricultural use and compensation for damages. The trial was attended by Judge Simon Iskandaryan, who subsequently transferred the trial to Judge Daniel Mkheyan. This trial also addressed the issue of “attempted trial”.

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