On October 14, 2026, the Administrative Court of the Republic of Armenia upheld a claim filed by LSA Law Firm’s client against the Head of the Abovyan Community, ordering the latter to conclude a purchase and sale agreement for a 4,910 sq. m land plot at its current cadastral value.
Administrative Case No. VD/14651/05/25
Background of the Case
In 2006, LSA Law Firm’s client, N. K., acquired a vehicle refueling station and a lubrication facility located in the city of Abovyan through a state property privatization auction.
On June 9, 2008, by Decision No. 102 of the Mayor of Abovyan, it was decided to alienate a 5,000 sq. m land plot necessary for the operation of the aforementioned real estate to the client through direct sale.
However, despite the adoption of this decision, no land purchase and sale agreement was concluded between the community and the client.
In 2025, the client once again applied to the municipality, requesting the conclusion of a land purchase and sale agreement for the land plot with its adjusted area of 4,910 sq. m.
The municipality, however, effectively refused to conclude the agreement.
The Head of the Community argued that the 2008 decision was null and void, claiming that it had been adopted by an administrative authority lacking the necessary competence, without a corresponding decision of the Community Council.
LSA Law Firm’s Legal Position
Edgar Ayvazyan, an attorney at LSA Law Firm representing the client’s interests, substantiated that, under the legislation in force at the time of the adoption of the 2008 decision, the Head of the Community was vested with the authority to make decisions regarding the alienation of land plots.
It was further argued that the potential unlawfulness of an administrative act does not, in itself, render that act null and void.
An administrative act may be considered null and void only where it contains manifest and gross errors expressly specified by law.
Since the 2008 decision had neither been declared invalid nor was it null and void, the Head of the Community was legally obliged to ensure its implementation.
The Court’s Judgment
The Administrative Court of the Republic of Armenia, presided over by Judge Ani Harutyunyan, agreed with the claimant’s legal position.
The Court confirmed that Decision No. 102 of the Mayor of Abovyan, adopted in 2008, did not constitute a null and void administrative act and that its lawfulness was presumed unless and until it was declared unlawful in accordance with the procedure prescribed by law.
The Court further established that the Head of the Community was obliged to fulfill the duties arising from an administrative act that had not been challenged.
As a result, the Court granted the claim in full, ordering the Head of the Abovyan Community to conclude a purchase and sale agreement with the client, N. K., for the 4,910 sq. m land plot at its current cadastral value.
The Court also ordered the Community to reimburse the client for the state court fee previously paid.
The judgment was rendered on October 14, 2026, and is subject to appeal within the statutory one-month period.
