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Gori Municipality City Hall was ordered to pay for the restoration of a house damaged by the war

2021-07-19 10:49
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GYLA represented a person whose residential house located in the village of Zemo Nikozi, Gori Municipality, was damaged during the August 2008 hostilities. Damage to the house was caused by shells hit, making it impossible to live in it. For the affected family, Gori Municipality City Hall has been refusing to rebuild the house for years on the grounds that the budget did not have the financial resources to rebuild the houses damaged by the war.

With the help of the GYLA office in Gori, the victim applied to the court and demanded compensation of GEL 24,893.05 needed for the reconstruction of the house. At the court hearing, the municipality stated that the damaged houses were not rehabilitated under the local budget of Gori Municipality; the funds were allocated by the Ministry of Finance of Georgia from the Reserve Fund of the Government of Georgia by decree of the Government and, consequently, they had no obligation to reimburse. On the other hand, GYLA argued at the hearing that Gori Municipality was obliged to finance the rehabilitation of the plaintiff's house from the Municipal Reserve Fund and that if the municipal budget reserve fund was insufficient to reimburse the amount, it should have made a substantiated request for a special transfer to the Government of Georgia. The court of all three instances shared the position of GYLA and instructed the Gori Municipality City Hall to pay GEL 24,893.05 for the plaintiff to rebuild the house.