05.08.2019 | State-owned pumping station of Berdavan has become a private property because of the illegal activities carried out for several years with the involvement of several authorities. Criminal case has been initiated

During the investigation, carried out by the State Interests Protection Department of the Prosecutor General's Office of the RA, it has been found out that pumping station of Berdavan, built in 1999, has been connected to the water pipes of Noyemberyan and Berdavan for 29 million 649.000 AMD and has been recorded in the balance of "ARMENIAN WATER & SEWERAGE" CJSC.

 

However, as a result of a series of subsequent actions, the pumping station supplying drinking water to Noyemberyan and Berdavan, being recorded in the balance of "ARMENIAN WATER & SEWERAGE" CJSC for 29 million 649.000 AMD, with the premises has been mentioned as an arbitrary building in the certificate of state registration of ownership of CJSC.

 

During the investigation, it has been found out that in region Noyemberyan, including  within the framework of investment programs aimed at improving water supply systems, construction work has been carried out at the same station / the total cost of the work amounted to 86 million 885.000 AMD /.

 

In August 2011, community heads of Berdavan and Koghb have signed acts concerning the construction and installation works in the amount of 82 million AMD.

 

It has also been found out that the Real Estate Cadastre Committee of the Republic of Armenia adjunct to the RA Government has refused the application of "ARMENIAN WATER & SEWERAGE" CJSC dated 14.10.2013 with the request of registration of ownership, and therefore the latter has appealed to the Administrative Court of the Republic of Armenia, but subsequently, without any reason during the process of a new investigation, the company has withdrawn lawsuit from the court.

 

In parallel with the consideration of the indicated administrative case against "ARMENIAN WATER & SEWERAGE" CJSC, then against  "VEOLIA JUR" CJSC and the State Committee for Water Economy of the Republic of Armenia / former name /, the indicated LLC has turned to court with the request to evict CJSC from the territory .

 

Instead of taking measures to invalidate the registration of the cadaster, on 08.09.2017 a civil lawsuit has been filed with a request to establish a free permanent easement for the pumping station.

 

By the Decree of the Government of the Republic of Armenia dated 06.04. 2017, the state-owned pumping station of Berdavan has been transferred on a rental basis to "VEOLIA JUR" CJSC.

 

Despite this circumstance, the head of Koghb community, by a resolution of 12.11.2018 has recognized pumping station with its buildings legal. To legalize this and other buildings, the LLC has paid 200.600 AMD.

 

Thus, the responsible officials of the State Committee for Water Economy of the Republic of Armenia using their official position contrary to their official interests, in the period of 2015-2019 have not taken any measures to invalidate cadastral records.

 

And the head of Koghb community, by abusing his official position, has signed the act concerning the completion of construction and installation works at Berdavan pumping station in the amount of 82 million 083.000 AMD.

 

As a result, the pumping station in the balance of "ARMENIAN WATER & SEWERAGE" CJSC for 29 million 649.000 AMD has been recognized as the property of LLC, which has entailed serious consequences for the state.

 

In addition to that, the responsible employees of "ARMENIAN WATER & SEWERAGE" CJSC, by using their powers contrary to the interests of this organization, in 2016, without any reason have withdrawn the claim to challenge the decision of the Real Estate Cadastre Committee of the Republic of Armenia adjunct to the RA Government and no further measures have been taken to invalidate the registration of rights to the pumping station of other persons, which entailed serious consequences. 

 

Taking into account that the registered violations contain elements of crime in State Interests Protection Department of the RA Prosecutor General's Office, a criminal case has been initiated under part 2 of Art. 308 and part 2 of article 214 of the RA Criminal Code, and the preliminary investigation of the case has been entrusted to the RA IC.

 

Notice: Every person suspected in or charged with a criminal offense shall be presumed innocent unless proved guilty in the manner prescribed by the RA Criminal Procedure Code and unless the verdict comes into legal force.