768
House-castle keeps defenses!
Will be 32 photos and text. Do not break please.
"Fortress" in the streets of Maxim Bogdanovich (Minsk, Belarus) still does not give up. Fifth year two cottage of red brick unassailable stand in the middle of the construction site, and their owners with varying success fighting for their rights to private property in the offices of officials and the courts. This summer, Nicholas, the owner of one of the mansions preferred to conduct the previously non-public life, we have devoted to the details of the protracted conflict. Since the publication of the article in less than six months, and the situation has changed dramatically. Developer JV "Tambaz" Minsk city executive committee has made a new decision, according to which the demolition of houses can be accelerated, and people at risk to receive compensation, the amount of which is twice lower than the initial valuation of the property market.
Recall the story of the conflict from the perspective of the owner of the cottage. The necessity of demolition for the construction of 26-storey residential building in 2008 matured. Then the Institute of Real Estate and evaluation commissioned by the developer has made an assessment of the two houses. Today, this amount is no longer a mystery - 3.148 million dollars (the total area of about 1,200 sq. M land in private ownership). Residents, Nicholas and his family and his neighbor agreed to compensation, since then the other way not seen for himself, but "Tambaz", referring to the lack of available money with the payment was in no hurry.
To obtain a loan the developer took the decision to transfer the land of Minsk city executive committee. People abandoned the right to private property, but then did not receive compensation - the builder went inactive. Penetrating the situation after written refusal JV "Tambaz" the construction of a 26-etazhki, Minsk city executive committee in 2011 decided №1766 - again to return the land to private property and to exclude from the draft of the residential complex "skyscraper", thereby saving homes. Family Nicholas had hoped that the end of the conflict: even despite the new buildings in the neighborhood, to stay and live in their land almost in the center of Minsk, they were not against.
But "Tambaz", as it turned out, his plans to abandon still not going to.
- In July 2012, reach me the information that the developer intends to push through a decision of Minsk executive committee on seizure of our land for public use, - says Nikolay. - I go to the reception to Radomanov, former zamu Ladutko saying, how is it, in fact Minsk city executive committee in 2011 decided to maintain houses, and now that we have won all courts "Tambazom", you want to again give the building plot? That evasive answers, it is necessary to reassemble all the interested parties, to discuss the situation. Then learn: everything was decided without our participation, the city has gone on over the private construction company.
03
04
According to the new decision of the Minsk city executive committee №2967 from 27.09.2012, the land where there is a "fortress", should be withdrawn for state needs with the subsequent transfer of "Tambaz." Developer tasked to implement the property rights of tenants, which need re-evaluation of households.
- With the help of lawyers, we have to know, since when under the guise of public use land seized in favor of commercial real estate developers with a single goal - to make a profit. It is not a school and a kindergarten were going to build, - says Nikolay reasons. - It turned out, with a base in Belarus is the general plan of development of the city, approved by the president. The system established, is not legally undermine. Only the question arises: private property in our country - it is an empty phrase?
The last time Nicholas showed us the room neighbor's house, which was looked after in the absence of the owners. From the photographs someone might get the impression that the "fortress" is uninhabited, and its owners only care about the amount of compensation. This is not true. When a new meeting of businessmen held us in their cottage.
- Believe me, we have something to fight for, - he said.
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- At present, our main problem - a road - Nikolai indicates exposed developer units, blocking the entrance to the cottage. - All of our fence - private property, but outside it - is the land developer, including the very street Korsch-Sablin. "Tambaz" tries to exit the project did not, and all our objections states that the rules for streets and driveways is not valid because the land - the construction site. And as there was a trouble, drive an ambulance, fire truck? We let the arrangement of the road. What else remains to do, if you work nesanktsionirovanom?
- Calculation "Tambaza" is clear: to build up the all-around, and then, when there will be no way to ensure the livelihoods of 2 houses among the "skyscrapers", will only carry them. And then all authorities agree with this conclusion. Not only take into account businessmen "Tambaza" that these houses are still people living who are willing to fight for their property.
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25
Citing the example of the situation on the road, Nicholas says that in recent years the developer increasingly began to resort to psychological pressure and questionable from a legal point of view of methods. The entrepreneur, in turn, also decided to change tactics. Looking through the forum Onliner.by, which communicate with the settlers of the residential complex, he noticed that many of them clearly do not want to see another 26-etazhku cottages on the site. And one of the days in August from a user under the name of the fortress there was such a message (hereinafter, the author's spelling and punctuation preserved): "Dear residents quarter Bogdanovich - Korsch-Sablin - Turgenev. Who is ready to subscribe to the conservation of two private homes instead of skyscrapers please inform in a personal or via e-mail. Address: minskkrepost@tut.by ».
At first, some forum participants reacted to the proposal warily. Someone judged on its own, saying that it wanted to get businesses in 2012 compensation of pre-crisis prices.
- You are here bought their meters at a price far more $ 1,000, so maybe you want to sell them back today, "Tambazu" 700, - answered the forum owner of "fortress." - I would venture to suggest that in 5 years we will increase the value of the object 2 times (as, indeed, and your apartment) ... But we are not built for business and life.
The collection of signatures then and not started - tenants are mostly indifferent to the initiative. And recently, the forum participants are themselves talking about the anti-seal. It is learned that the project developer is altered by removing him from the shopping center, and instead of 15-storey residential building on the street side of the Amur to place 21-26-storey "skyscraper».
"Where will park their iron horses residents? Pandemonium cars on lawns, sidewalks and curbs and will be the final styling of elite residential complex "- do not hide irony and disappointment interest holders in the forum.
With parking in the neighborhood really matter.
27
And in the evenings, say the settlers, almost comes to fighting for a place. And despite the fact that the first two houses have not yet fully settled.
- I see, the situation is already tense formed. And parking - not the only problem. At the finish of the project allowed building density will be exceeded at least 2, 5 times, it is obvious, - said Nikolai. - Another 26-storey house on the site of the cottages turn quarter stone ghetto. Residents want this? Hardly. I have enough strength to protect their private property. But if the issue affects the interests of hundreds or even thousands of people, why not join forces?
While Nicholas responded to nearly two dozen people. I think if you typed fifty-minded, it is already possible to collect signatures to apply to the control instance, be connected to the issue of the media.
- We initially did not want us to be demolished, and now more than ever - says our interlocutor. - All these five years "Tambaz" purposefully destroying our homes. It is constantly moving on all sides by 30-ton trucks, cranes and tractors work, clogging of bored piles, turning off the water, gas and electricity. And after all this, the developer wants to make a new assessment? Well, no, you guys. We went towards the city not because of money. We have the money, "Tambaza" (and especially not his, and holders) are not needed. Defend your rights, we give the house in order and we will live happily ever after.
29
In order to present an alternative view of the situation, we asked for a comment in the JV "Tambaz." Answer questions Onliner.by agreed construction company CEO Leo Hayutin.
- The litigation with the demolition of houses lasts for almost five years. Does it have a further sense if owners of private residences are not going to compromise? It may be easier to leave things as they are?
- Save cottages contradicts development plans of the city. Planning solution developed in this area three design institutes have passed the examination and approved, we allocated land plot. All private structure, located in the territory, subject to demolition regardless of their capital, whether a palace or a hut. Cottage surrounded by high-rise buildings is not the place - it is understood any sane person. The situation in the town-planning council delved leading architects in Minsk - all in one voice say: the house must be demolished, and the quarter is built according to the project. But the owner of the cottage refuses to perform the planning decision. Unless he wants to stay there? I doubt it. What kind of life is that with 26 floors to you stare into the yard of a neighboring house tenants? Obviously, a person expects to get as much money as we can pay exactly the same amount, which will name the official estimate.
- The market value of houses has already been made to your order as in 2008. The amount exceeded $ 3 million. But "Tambaz" the money has not yet been paid. Why?
- The initial estimate was $ 2 million, we have to save the document. Then, for unknown reasons, for us to sum has increased to 3 million. The assessment was carried out in dollars, and in the decision of the executive committee of the amount specified in rubles. After Burst in January 2009 devaluation of this amount has already ceased to satisfy the owner, and he blocked the execution of the decision.
- And you're happy with the amount of compensation?
- $ 2 million - completely. In 2008, it was equivalent to 1,000 square meters of housing. Then prices were at a peak, and the meter in the area cost about $ 2,000. We value this relationship. Taking into account the current realities of the owner requests have nothing to do with the market situation.
- By the decision of Minsk city executive committee to be the new estimate. Your forecast: what will be the sum of?
- I think 600 thousand dollars for each cottage - an adequate price for today. But we're not in the market and are not going to enter into bargaining. There is an official assessment procedure property of the citizens, and it will stick. But here again we meet resistance. The owner refused to let the cottage on the threshold of appraisers "Belgiprozema." Seeing the futility, the organization has sent us a letter of termination.
- And what do you intend to take next?
- In such cases, there is a special algorithm. Turning first to the state estimated the organization and asked to make an assessment for decision-making. Such evaluation may be performed without visual inspection premises. It can not be the basis for the calculations, but it allows us to go to court. The owner, of course, does not agree with it, after which the court will be appointed expert evaluation. If the owner will not allow the expert to the threshold, then the court upheld the assessment for management decisions.
- You said that contrary to the preservation of houses and urban development plans of the authorities. How, then, to be with last year's decision of the Minsk city executive committee №1766, according to which the project had planned to eliminate on-site 26-storey mansions house?
- "Tambaz" did not ask to change the project, as proposed in the decision, but once the decision was made, we asked to change the act of choosing the land, to give the new APL, offset our costs for the design and relocation of 7 houses. Once reached the point that under this decision, it is necessary to subscribe, it turned out that none of the officials is not eager to do that. This year, the Minsk city executive committee held a council overturned the decision and adopted a new №1766.
- Our conversation is only one owner. But the two cottages.
- With the second owner of the cottage We have established a normal dialogue. It is, to my knowledge, is even ready to share with a neighbor part of compensation for his house, but the question was quickly settled. But the owner of the cottage is on the first principle, and seems to have perceived the situation not as a legal dispute, but as a personal vendetta against the builder.
- Why did the builders still can not organize the normal entrance to the fortified homes? Why would these blocks in the yard?
- And here we meet resistance. Citizen whenever simply puts his car near the Congress than interfere with the performance of work. Why do this? And what is not a reason to send complaints everywhere about the absence of a normal exit? Units had to establish that he has once again parked his car there, but somehow he was able to move them. After the incident, I informed the district administration that we stop trying to make the Congress. What else can mess around? I note that we have offered the owners of cottages 3-4 places in the underground parking free of charge, but he refused.
- Many of the settlers of the residential complex on the street Bogdanovich did not mind saving houses as their drift further aggravate the problems of high-density development. What's going on with parking in the yard, you know. And the project has another 26-storey building. The forums quarter and so-called "cheloveinik» ...
- The project of the complex - not a whim of the builder. "Minskgrado" defined territory within the boundaries of streets East - Nekrasov - Bogdanovich - Izmailovskaya as an area of high-density development. Otherwise, why build a subway in Selhozposelke? And in the future here, and reach the third line opens near the station. Under the new regulations the density of such areas should not exceed 13 thousand square meters. m per hectare, and at the site where the building "Tambaz" project provides the density of housing stock 7587 sq. m per hectare. And the project has passed the state examination.
Of course, the lack of parking spaces in the courtyard creates nervousness. The first phase was put in 2010. There are 360 apartments. And 293 spaces in the underground garage, of which only 53 sold out [1 place is worth 15 to 18 thousand dollars, - Onliner.by]. The rest of the car owners already in the yard, throw the car in the doorways Selhozposelka. It's a problem for the whole of Minsk, not just one of the complex. I think we should tighten control over the execution of the SDA. Most fine for parking in the wrong place, evacuate cars. And then underground garages will not be empty. Another right offer was made recently at a meeting with the mayor not to issue license plates, while the person does not provide the traffic police inquiry that provide a place for car storage.
- Why is the home of the fourth stage of the project has changed the configuration and grew into several floors? Residents wonder: with no one consulted them.
- The need to change the project came about because we took part of the territory under the park. I had to sacrifice the shopping center. But the area of residential building remained the same - 30 thousand square meters. The project has passed the coordination in Minsk city executive committee, received a positive opinion Gosexpertiza. Coordination with tenants in this case was not required ... In general, I think, by the time the building complex will be quite comfortable.
- Houses fortress exactly no place in these plans?
- The issue has already been solved at the level of Minsk city executive committee. Legal framework of Belarus, though slowly, but it will put an end to this practice.
source
Source:
"Fortress" in the streets of Maxim Bogdanovich (Minsk, Belarus) still does not give up. Fifth year two cottage of red brick unassailable stand in the middle of the construction site, and their owners with varying success fighting for their rights to private property in the offices of officials and the courts. This summer, Nicholas, the owner of one of the mansions preferred to conduct the previously non-public life, we have devoted to the details of the protracted conflict. Since the publication of the article in less than six months, and the situation has changed dramatically. Developer JV "Tambaz" Minsk city executive committee has made a new decision, according to which the demolition of houses can be accelerated, and people at risk to receive compensation, the amount of which is twice lower than the initial valuation of the property market.
Recall the story of the conflict from the perspective of the owner of the cottage. The necessity of demolition for the construction of 26-storey residential building in 2008 matured. Then the Institute of Real Estate and evaluation commissioned by the developer has made an assessment of the two houses. Today, this amount is no longer a mystery - 3.148 million dollars (the total area of about 1,200 sq. M land in private ownership). Residents, Nicholas and his family and his neighbor agreed to compensation, since then the other way not seen for himself, but "Tambaz", referring to the lack of available money with the payment was in no hurry.
To obtain a loan the developer took the decision to transfer the land of Minsk city executive committee. People abandoned the right to private property, but then did not receive compensation - the builder went inactive. Penetrating the situation after written refusal JV "Tambaz" the construction of a 26-etazhki, Minsk city executive committee in 2011 decided №1766 - again to return the land to private property and to exclude from the draft of the residential complex "skyscraper", thereby saving homes. Family Nicholas had hoped that the end of the conflict: even despite the new buildings in the neighborhood, to stay and live in their land almost in the center of Minsk, they were not against.
But "Tambaz", as it turned out, his plans to abandon still not going to.
- In July 2012, reach me the information that the developer intends to push through a decision of Minsk executive committee on seizure of our land for public use, - says Nikolay. - I go to the reception to Radomanov, former zamu Ladutko saying, how is it, in fact Minsk city executive committee in 2011 decided to maintain houses, and now that we have won all courts "Tambazom", you want to again give the building plot? That evasive answers, it is necessary to reassemble all the interested parties, to discuss the situation. Then learn: everything was decided without our participation, the city has gone on over the private construction company.
03
04
According to the new decision of the Minsk city executive committee №2967 from 27.09.2012, the land where there is a "fortress", should be withdrawn for state needs with the subsequent transfer of "Tambaz." Developer tasked to implement the property rights of tenants, which need re-evaluation of households.
- With the help of lawyers, we have to know, since when under the guise of public use land seized in favor of commercial real estate developers with a single goal - to make a profit. It is not a school and a kindergarten were going to build, - says Nikolay reasons. - It turned out, with a base in Belarus is the general plan of development of the city, approved by the president. The system established, is not legally undermine. Only the question arises: private property in our country - it is an empty phrase?
The last time Nicholas showed us the room neighbor's house, which was looked after in the absence of the owners. From the photographs someone might get the impression that the "fortress" is uninhabited, and its owners only care about the amount of compensation. This is not true. When a new meeting of businessmen held us in their cottage.
- Believe me, we have something to fight for, - he said.
06
07
08
09
10
11
12
13
14
15
16
17
18
19
20
21
- At present, our main problem - a road - Nikolai indicates exposed developer units, blocking the entrance to the cottage. - All of our fence - private property, but outside it - is the land developer, including the very street Korsch-Sablin. "Tambaz" tries to exit the project did not, and all our objections states that the rules for streets and driveways is not valid because the land - the construction site. And as there was a trouble, drive an ambulance, fire truck? We let the arrangement of the road. What else remains to do, if you work nesanktsionirovanom?
- Calculation "Tambaza" is clear: to build up the all-around, and then, when there will be no way to ensure the livelihoods of 2 houses among the "skyscrapers", will only carry them. And then all authorities agree with this conclusion. Not only take into account businessmen "Tambaza" that these houses are still people living who are willing to fight for their property.
23
24
25
Citing the example of the situation on the road, Nicholas says that in recent years the developer increasingly began to resort to psychological pressure and questionable from a legal point of view of methods. The entrepreneur, in turn, also decided to change tactics. Looking through the forum Onliner.by, which communicate with the settlers of the residential complex, he noticed that many of them clearly do not want to see another 26-etazhku cottages on the site. And one of the days in August from a user under the name of the fortress there was such a message (hereinafter, the author's spelling and punctuation preserved): "Dear residents quarter Bogdanovich - Korsch-Sablin - Turgenev. Who is ready to subscribe to the conservation of two private homes instead of skyscrapers please inform in a personal or via e-mail. Address: minskkrepost@tut.by ».
At first, some forum participants reacted to the proposal warily. Someone judged on its own, saying that it wanted to get businesses in 2012 compensation of pre-crisis prices.
- You are here bought their meters at a price far more $ 1,000, so maybe you want to sell them back today, "Tambazu" 700, - answered the forum owner of "fortress." - I would venture to suggest that in 5 years we will increase the value of the object 2 times (as, indeed, and your apartment) ... But we are not built for business and life.
The collection of signatures then and not started - tenants are mostly indifferent to the initiative. And recently, the forum participants are themselves talking about the anti-seal. It is learned that the project developer is altered by removing him from the shopping center, and instead of 15-storey residential building on the street side of the Amur to place 21-26-storey "skyscraper».
"Where will park their iron horses residents? Pandemonium cars on lawns, sidewalks and curbs and will be the final styling of elite residential complex "- do not hide irony and disappointment interest holders in the forum.
With parking in the neighborhood really matter.
27
And in the evenings, say the settlers, almost comes to fighting for a place. And despite the fact that the first two houses have not yet fully settled.
- I see, the situation is already tense formed. And parking - not the only problem. At the finish of the project allowed building density will be exceeded at least 2, 5 times, it is obvious, - said Nikolai. - Another 26-storey house on the site of the cottages turn quarter stone ghetto. Residents want this? Hardly. I have enough strength to protect their private property. But if the issue affects the interests of hundreds or even thousands of people, why not join forces?
While Nicholas responded to nearly two dozen people. I think if you typed fifty-minded, it is already possible to collect signatures to apply to the control instance, be connected to the issue of the media.
- We initially did not want us to be demolished, and now more than ever - says our interlocutor. - All these five years "Tambaz" purposefully destroying our homes. It is constantly moving on all sides by 30-ton trucks, cranes and tractors work, clogging of bored piles, turning off the water, gas and electricity. And after all this, the developer wants to make a new assessment? Well, no, you guys. We went towards the city not because of money. We have the money, "Tambaza" (and especially not his, and holders) are not needed. Defend your rights, we give the house in order and we will live happily ever after.
29
In order to present an alternative view of the situation, we asked for a comment in the JV "Tambaz." Answer questions Onliner.by agreed construction company CEO Leo Hayutin.
- The litigation with the demolition of houses lasts for almost five years. Does it have a further sense if owners of private residences are not going to compromise? It may be easier to leave things as they are?
- Save cottages contradicts development plans of the city. Planning solution developed in this area three design institutes have passed the examination and approved, we allocated land plot. All private structure, located in the territory, subject to demolition regardless of their capital, whether a palace or a hut. Cottage surrounded by high-rise buildings is not the place - it is understood any sane person. The situation in the town-planning council delved leading architects in Minsk - all in one voice say: the house must be demolished, and the quarter is built according to the project. But the owner of the cottage refuses to perform the planning decision. Unless he wants to stay there? I doubt it. What kind of life is that with 26 floors to you stare into the yard of a neighboring house tenants? Obviously, a person expects to get as much money as we can pay exactly the same amount, which will name the official estimate.
- The market value of houses has already been made to your order as in 2008. The amount exceeded $ 3 million. But "Tambaz" the money has not yet been paid. Why?
- The initial estimate was $ 2 million, we have to save the document. Then, for unknown reasons, for us to sum has increased to 3 million. The assessment was carried out in dollars, and in the decision of the executive committee of the amount specified in rubles. After Burst in January 2009 devaluation of this amount has already ceased to satisfy the owner, and he blocked the execution of the decision.
- And you're happy with the amount of compensation?
- $ 2 million - completely. In 2008, it was equivalent to 1,000 square meters of housing. Then prices were at a peak, and the meter in the area cost about $ 2,000. We value this relationship. Taking into account the current realities of the owner requests have nothing to do with the market situation.
- By the decision of Minsk city executive committee to be the new estimate. Your forecast: what will be the sum of?
- I think 600 thousand dollars for each cottage - an adequate price for today. But we're not in the market and are not going to enter into bargaining. There is an official assessment procedure property of the citizens, and it will stick. But here again we meet resistance. The owner refused to let the cottage on the threshold of appraisers "Belgiprozema." Seeing the futility, the organization has sent us a letter of termination.
- And what do you intend to take next?
- In such cases, there is a special algorithm. Turning first to the state estimated the organization and asked to make an assessment for decision-making. Such evaluation may be performed without visual inspection premises. It can not be the basis for the calculations, but it allows us to go to court. The owner, of course, does not agree with it, after which the court will be appointed expert evaluation. If the owner will not allow the expert to the threshold, then the court upheld the assessment for management decisions.
- You said that contrary to the preservation of houses and urban development plans of the authorities. How, then, to be with last year's decision of the Minsk city executive committee №1766, according to which the project had planned to eliminate on-site 26-storey mansions house?
- "Tambaz" did not ask to change the project, as proposed in the decision, but once the decision was made, we asked to change the act of choosing the land, to give the new APL, offset our costs for the design and relocation of 7 houses. Once reached the point that under this decision, it is necessary to subscribe, it turned out that none of the officials is not eager to do that. This year, the Minsk city executive committee held a council overturned the decision and adopted a new №1766.
- Our conversation is only one owner. But the two cottages.
- With the second owner of the cottage We have established a normal dialogue. It is, to my knowledge, is even ready to share with a neighbor part of compensation for his house, but the question was quickly settled. But the owner of the cottage is on the first principle, and seems to have perceived the situation not as a legal dispute, but as a personal vendetta against the builder.
- Why did the builders still can not organize the normal entrance to the fortified homes? Why would these blocks in the yard?
- And here we meet resistance. Citizen whenever simply puts his car near the Congress than interfere with the performance of work. Why do this? And what is not a reason to send complaints everywhere about the absence of a normal exit? Units had to establish that he has once again parked his car there, but somehow he was able to move them. After the incident, I informed the district administration that we stop trying to make the Congress. What else can mess around? I note that we have offered the owners of cottages 3-4 places in the underground parking free of charge, but he refused.
- Many of the settlers of the residential complex on the street Bogdanovich did not mind saving houses as their drift further aggravate the problems of high-density development. What's going on with parking in the yard, you know. And the project has another 26-storey building. The forums quarter and so-called "cheloveinik» ...
- The project of the complex - not a whim of the builder. "Minskgrado" defined territory within the boundaries of streets East - Nekrasov - Bogdanovich - Izmailovskaya as an area of high-density development. Otherwise, why build a subway in Selhozposelke? And in the future here, and reach the third line opens near the station. Under the new regulations the density of such areas should not exceed 13 thousand square meters. m per hectare, and at the site where the building "Tambaz" project provides the density of housing stock 7587 sq. m per hectare. And the project has passed the state examination.
Of course, the lack of parking spaces in the courtyard creates nervousness. The first phase was put in 2010. There are 360 apartments. And 293 spaces in the underground garage, of which only 53 sold out [1 place is worth 15 to 18 thousand dollars, - Onliner.by]. The rest of the car owners already in the yard, throw the car in the doorways Selhozposelka. It's a problem for the whole of Minsk, not just one of the complex. I think we should tighten control over the execution of the SDA. Most fine for parking in the wrong place, evacuate cars. And then underground garages will not be empty. Another right offer was made recently at a meeting with the mayor not to issue license plates, while the person does not provide the traffic police inquiry that provide a place for car storage.
- Why is the home of the fourth stage of the project has changed the configuration and grew into several floors? Residents wonder: with no one consulted them.
- The need to change the project came about because we took part of the territory under the park. I had to sacrifice the shopping center. But the area of residential building remained the same - 30 thousand square meters. The project has passed the coordination in Minsk city executive committee, received a positive opinion Gosexpertiza. Coordination with tenants in this case was not required ... In general, I think, by the time the building complex will be quite comfortable.
- Houses fortress exactly no place in these plans?
- The issue has already been solved at the level of Minsk city executive committee. Legal framework of Belarus, though slowly, but it will put an end to this practice.
source
Source:
