In July 2022, the Ministry of Defense issued a permit for the construction of the residential buildings being built by “Em and Ji Construction” LLC in the territory of the 15th district of Khan-Uul District. Due to the flood disaster that occurred in the capital, citizens and business organizations were affected, and in connection with the complaints received from them, a decision was made to suspend construction permits in accordance with Article 7.2 of the Construction Law.
I talked to A. Amarbayasgalan, general director of “Em and G Construction” LLC.
“IT LOOKS LIKE THEY ARE DEVELOPING A PLAN TO CREATE A POOL IN OUR CONSTRUCTION SITE, BUT IT WILL NOT WORK”
– Citizens are criticizing your building because it was built to block the river channel. Please explain this problem?
– There is a photo taken by a drone from Selbe and Dund River. From there, 50 meters or the widest part of the Middle River flows in front of Aqua Garden. First, our company did not close the river diversion during construction. It is in the same shape as before and has a 50 meter wide flood embankment.
The flood in early July was not caused by our building, the flood dam did not break. Water experts said this when they met with Mayor D. Sumyabazar. They said that the flood did not happen because of the “Aqua Garden” campus. It is believed that the flood occurred because the downstream part of the Dund River, which joins the Tuul River, was blocked in connection with the construction of the bridge connecting Yaarmag District I. It also seems that plans are being made to create a pool at the construction site. But this will not work, there is a railway in the front, and if the water overflows a little, the Children’s Park and the central square will be flooded. Flood water is mixed with bacteria.
There is no legal framework for the decision to demolish our building. Because in 2008, the governor of Khan-Uul district issued a decree and granted permission for 11.8 hectares of land as part of the government’s housing program for 40,000 families. Since then, all documents have been legally processed. Also, there is no experience in demolishing the 24 floors and four blocks currently under construction. Because we live in a democratic Mongolia, we will not immediately demolish it. In addition, the interests of 1,500 people are being discussed behind the 500 families who have ordered apartments.
-According to the law, it is stated that no building can be built within 50 m of the river basin. Does your building violate the law?
– There is a special regime of river hygiene in the Law on Water. Where and how to issue this regime is regulated by regulations. Our building is within 50 m of the river. However, according to Article 22.4 of the law, the government member in charge of environmental and land relations shall approve the procedures for special and ordinary protection of water reservoirs and water sources. According to this, it will be decided by the joint procedure of the Minister of BDS and BOAZ.
JOINT ORDER OF THE MINISTRY OF ENVIRONMENT, GREEN DEVELOPMENT AND TOURISM AND THE MINISTRY OF CONSTRUCTION AND URBAN DEVELOPMENT OF MONGOLIA
June 5, 2015
Number A-230/127
APPROVAL OF PROCEDURES
Based on Article 22, Section 22.4 of the Law on Water, it is ORDERED:
1. “Procedures for special and ordinary protection and hygiene zones of water sources and places with water reservoirs” should be approved as an appendix.
2. To instruct the governors of provinces, capitals, sums, and districts to organize and work on the implementation of this regulation in their respective territories, and advise the People’s Representatives’ Meeting to supervise.
3. The Ministry of Environment, Green Development and Tourism’s Department of Land Management and Integrated Water Policy /G. Munkh-Erdem/, Department of Environment and Natural Resources Management /G. Nyamdavaa/ and Land Relations, Geodesy and cartography department /A.Khurelshagai/ should be assigned respectively.
4. In connection with the approval of this order, joint order No. 51/75 dated March 9, 2009 of the Minister of Environment and Tourism and the Minister of Health “On Approving the Regime” shall be considered repealed.
MINISTER OF ENVIRONMENT, GREEN DEVELOPMENT AND TOURISM D. Oyunkhorol
MINISTER OF BUILDING AND URBAN DEVELOPMENT D. Tsogtbaatar
It was registered on June 19, 2015 at number 3540 of the Unified State Register.
According to Order No. 230, 127 of June 5, 2015, Article 2.4 of the Regulation on the Implementation of the Sanitary Zone Regime with Special and Simple Protection of Water Reservoirs and Water Sources, Construction of Mega Project Facilities, Flood Protection, Adjustment Dam , it is stated that no special protection zones will be established in places where flood water can be stored. A 50-meter flood dam has been built along the middle of the river in front of the building. According to the court’s decision, “M&G” did not violate the law and did not violate the special regime of the Water Act.
