The trial of the former director of the Real Estate Administration Dragan Kovačević and other defendants for the illegal appropriation of state land in the Morski Dobr zone continued today in the High Court in Podgorica after the hearing of the geodetic expert Milutin Baturan.
After several hours of clarification of the expert's findings, answers to the questions of the defense attorneys of the defendants in this court process, it remained disputed whether or not the defendant Kovačević usurped 14 square meters of state land.
Expert Baturan stated in his findings and repeated today before the court that the defendant geodetic company "Geo & Arh" doo Podgorica, the family residential building built by the defendant Kovačević, showed that it has 74 square meters instead of 88, and that in their report they did not show that usurped 14 square meters of state land.
"The situation on the ground is that the building has basically 88 square meters," said the expert and stated that 14 square meters of the terrace are disputed, and then gave an explanation.
"In geodesy, everything that is lower than four meters is considered as land under the building, and that is the difference of 14 square meters, which I mentioned in the finding. The wall of the building is located on a private plot, and the terrace above it, encroaching, is located on state land, and this also applies to the other terraces. "If there was no terrace above the wall, these two terraces would not have been registered as usurpation of state land, because they are at a height of more than four meters compared to the ground," said expert witness Baturan in response to questions from lawyer Nikola Martinović, the defense attorney for the defendant. Dalibor Knežević.
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The expert said that according to the expert opinion of the construction profession, cadastral plots 105/, 105/1, together with plot 843, form one urban plot in block M 3 number 37, on which the building was built and that on its part.
Attorney Martinović then stated.
"According to the building construction law, the owner of a smaller part of the urban plot, in this case the state, must cede to the owner of the larger plot, in order to complete the urban plot. So the beneficiary of that right would be the defendant Danko Kovačević, and the state would not be able to object to such completion of the urban plot," Martinović pointed out.
The expert added that when it comes to the completion of the urban plot, he believes that attention should be paid to the law on maritime property.
The defendant Kovačević objected to the findings of the expert, because he believes that it was not measured accurately using the aero photogrammetric method, with which the official cadastre was made, adding that he does not doubt the accuracy of GPS measurements.
"The expert did not apply the accuracy assessment method, considering the scale of the recording, because the difference is one meter of the object. If he had done that, he would have seen that the one meter plus/minus of the entrance to the second plot is within the permissible deviation", the defendant stated.
"I can agree with the defendant Kovačević that a deviation of one meter is possible, caused by an error in the cadastral recording and plan. The accuracy of my measurement would remain the same, but I allow that there is an error in the cadastral plan," said Baturan.
The indictment presented that the defendant Dragan Kovačević committed the criminal offense of creating a criminal organization from Article 401 a paragraph 1 in connection with paragraph 6 of the Criminal Code of Montenegro, and the defendants Ana Lakićević-Grdinić, Veselin Tomašević, Krsto Pavićević, Danilo Jovanović, Danko Kovačević, Sanja Popović and Aleksandar Boljević criminal offense of creating a criminal organization from article 401 a paragraph 2 in connection with paragraphs 1 and 6 of the CCCG. Defendant legal entity "Geo & Arh" doo Podgorica criminal offense of creating a criminal organization from Article 401 a paragraph 2 in connection with paragraphs 1 and 6 of the Criminal Code of Montenegro in connection with Article 5 of the Law on Liability of Legal Persons for Criminal Offences. It is added that the defendant Ana Lakićević Grdinić under points a, b, cie of the indictment committed a prolonged criminal offense of abuse of official position, Dragan Kovačević under points a, b, cie committed a prolonged criminal offense of abuse of official position through incitement, then the criminal offense of illegal occupation of land and the criminal offense of extortion by means of incitement.
The defendant Veselin Tomašević committed the criminal offense of abuse of official position, while the indictment presented that the defendant Krsto Pavićević committed the criminal offense of abuse of position in business operations in conjunction with the criminal offense of document forgery.
Danko Kovačević committed the criminal offense of tax and contribution evasion, the defendant Dalibor Knežević committed the criminal offense of abuse of office, while the defendant Aleksandar Boljević and the defendant Sanja Popović committed the criminal offense of coercion. The legal entity "Geo & Arch Projekt" doo Podgorica committed the criminal offense of abuse of position in business operations in conjunction with the criminal offense of forging a document.
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