Published on 8 November 2021
FOURTH SECTION
Application no. 39983/19
Zevkshan Mustafa SHAIB
against Bulgaria
lodged on 20 July 2019
communicated on 14 October 2021
SUBJECT MATTER OF THE CASE
The application concerns the delayed provision of compensation to the applicant for her parents’ property which was expropriated by the municipal authorities of Dobrich in 1983 for urban development. By an order of 3 November 2009 the mayor determined the exact location, surface and other details in respect of the future one-bedroom flat offered in compensation to the applicant. However, the construction of the building where the flat was located was never finalised, after in 2014 the municipal authorities cancelled a public procurement procedure for its completion. The applicant has been housed in a state owned dwelling in Dobrich, for which she pays a monthly rent. She has filed petitions to the municipal authorities but no compensation had been provided to her by the time of lodging of the application to the Court. She complains under Article 1 Protocol No. 1 and Article 13 of the Convention.
QUESTIONS TO THE PARTIES
1. Was the compensation procedure in the case excessively lengthy, and has this resulted in a violation of Article 1 of Protocol No. 1 (see Kirilova and Others v. Bulgaria, nos. 42908/98 and 3 others, 9 June 2005; Lazarov v. Bulgaria, no. 21352/02, 22 May 2008; Antonovi v. Bulgaria, no. 20827/02, 1 October 2009)? Did the applicant have at her disposal an effective domestic remedy for her complaint under Article 1 of Protocol No. 1, as required by Article 13 of the Convention? To what extent were the delays in the procedure imputable to the authorities? In particular, could the applicant bring about the conclusion of the procedure on an earlier date, by requesting to receive another property in compensation, in accordance with section 103(5) of the Territorial and Urban Planning Act, or financial compensation, as provided for after 2001 pursuant to section 9(1) of the transitional provisions of the Territorial Planning Act (see Velyov and Dimitrov v. Bulgaria (dec.) [Committee], no.64570/10, §§ 27-31, 20 September 2016, and Petrovi v. Bulgaria [Committee], no. 26759/12, §§ 25-29, 2 February 2017)? In that connection, at what point in time did the applicant become aware that the construction of the flat due to her would not be completed?