The demolition of Lamela C under the hill Ljubović, in the Zabjelo settlement, in Podgorica, began early yesterday morning, while three disputes are pending before the Administrative Court, and despite the fact that the inspection of the department on whose order the demolition was ordered, said that it is impossible before the court's decision , because otherwise the investor could sue the state authority.
The demolition of the residential building whose investor is "PS Gradnja" began yesterday in the early hours of the morning, and the intervention was suspended the same day around 13.30:XNUMX p.m. As seen in the available photos and videos and as reported by TV Vijesti reporters from the scene, some walls in the attic of the disputed building were demolished yesterday.
The Police Administration (UP) told "Vijesta" yesterday that they were informed about the demolition of Lamela C on January 5, when they were informed by the Ministry of Spatial Planning, Urbanism and State Property, which it heads. Janko Odović, submitted a request for assistance.
"The request for providing assistance was submitted within the legal deadline, and given that the conditions for providing assistance were met, the Police Directorate hired a sufficient number of officers to carry out this activity in accordance with the prepared plan for providing assistance", they told "Vijesta" yesterday from the Directorate of the police, which he heads Zoran Brđanin.
From the Department's Urban and Construction Inspection Odović, in December they said that it was impossible for the demolition to take place before the decision of the Administrative Court, that the investor could sue the state body and that it would be a big expense for the state.
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Yesterday, the Administrative Court told "Vijesta" that three disputes regarding the lawsuit of "PS Gradnje" from 2022, which the editors wrote about earlier, are still ongoing. In the answer signed by the president Miodrag Pešić, also state that the public hearing for one of the disputes is scheduled for the twelfth, and for the other two, for February 20.
The Ministry did not comment further on the allegations of the department's inspection, that due to the demolition, the investor could sue the state body and that it "would be a big expense for the state".
Administrative court
With the confirmation that there are three lawsuits pending before that court, the Administrative Court said yesterday that in one case - on the request for legalization, the defendant, i.e. the main administrator of the Capital City, did not submit the files that the court requested.
In question is U. no. 461/22 against the chief administrator of the Capital City of Podgorica, whose subject matter is the annulment of the decision rejecting the appeal against the decision of the Secretariat for Spatial Planning and Sustainable Development, which rejected the investor's request for the legalization of residential building number 2, on the floor. plot 3827/7 KO Podgorica III.
The Administrative Court said that the lawsuit in that case was filed on 02.02.2022, that on 08.02.2022. the defendant was served with a lawsuit for an answer, but the defendant did not submit the documents for the court's request, which is why the urgency was submitted on 21.12.2023.
"Until the date of writing this announcement, the case files have not been submitted to the court. In the case of the mentioned business designation, a public hearing is scheduled for February 12.02.2024, XNUMX. and with the invitation for the hearing, the authority was urged for the third time to submit the case files, all with the aim of making a legal decision", the Administrative Court said yesterday.
As they said before, U. no. 149/22... the subject of the dispute is the annulment of the decision of the Ministry of Ecology, Spatial Planning and Urbanism, which rejected the appeal against the decision of the urban planning and construction inspector, which allowed the forced execution of the decision on the demolition of slabs C, B and D, which are built on to the previously built garage at the location KP no. 3831, 3829/1, 3827/1 and 3827 (UP 47, 48, 49, 51 and 130). They add that U.No. 1065/22, the subject of the dispute, is the annulment of the decision of the same department, which rejected the request for postponement of the execution of the decision, which allowed the forced execution of the decision on demolition.
"Public hearings in both of these cases are scheduled for February 20.02.2024, XNUMX," the Administrative Court's response states.
The investor previously appealed, and in those cases from 2019, the Administrative Court rejected all the claims of "PS Gradnje" as unfounded.
Minister Janko Odović met with the representatives of the apartment owners in the disputed lamella the day before the demolition began. On that day, he said that they refused the help offered by the state, and he repeated that yesterday, speaking on social networks.
"The apartment owners refused to compromise. They don't want the state to help them recover money from investors and get compensation," he said on the X network.
"Reports against all those who allowed the demolition"
The intervention in Lamela C began early Thursday morning. Lawyer for apartment owners Sanja Radulović she said yesterday that already around 4.30:XNUMX a.m., a large number of policemen were securing the streets in front of the building and around it, and the entire neighborhood.
"Then, around five in the morning, an inspector appeared and insisted that without a decision on execution, the implementation of the execution should be started. I, as a representative, have not been served with the execution order that refers to the implementation of the execution today," she said.
Radulović said that there is no legal basis for the building to be demolished, and that due to the fact that the demolition order was not served, a report will be filed against the Ministry of Urbanism, Spatial Planning and State Property.
She announced charges against everyone who allowed yesterday's demolition.
According to her, during the demolition intervention, there were about fifteen tenants in one of the apartments.
"Since December 20 last year, they have been on duty in the apartments every day, trying to protect their apartments and their property," said Radulović.
The Ministry of Spatial Planning, Urbanism and State Property did not respond to the questions of the newsroom as to whether the demolition is being carried out based on the decision of December 5 last year or if a new one has been adopted in the meantime.
The construction of the disputed residential block of the investor "PS Gradnja", known as lamellas B, C and D, began in 2017.
The protector expects a complaint
At the invitation of the owners of apartments in Lamela C, representatives of the institution of the Protector of Human Rights and Freedoms were also in Zabjelo yesterday.
They said that no one had previously addressed them or submitted any complaints, that is why they do not have facts about the overall actions of the competent authorities and that the goal of the visit is to check the situation on the ground, primarily in relation to preserving the health and lives of citizens.
"The Protector can only comment on legal aspects and possible violations of rights through the complaint procedure... We point out that in the procedure before the Protector, the legality of acts cannot be checked (decisions of competent authorities cannot be changed, annulled or changed), but only the situation which would lead to possible violation of human rights and freedoms. In the meantime, the Protector will take care of all the circumstances of this event, including obtaining relevant information that would help in assessing the situation, upon the expected filing of the complaint", they announced yesterday.
For years they have been consuming electricity and not paying
Tenants of the part of Lamela B that was moved in yesterday said that during the intervention of the demolition of the neighboring buildings, they were left without electricity and water.
Vodovod Podgorica told "Vijesta" that the water supply was interrupted after they were called by the Municipal Police yesterday morning.
"The team of the Water Network Service, based on this morning's call from the Municipal Police, went to the field in the Zabjelo settlement, the Lamela C building, and all because of the announced demolition of the said building. On that occasion, the water supply to the mentioned building was cut off, as well as to the building that was moved in and connected to the same water pipe," said the city company.
Yesterday, Cedis said that the slat that had been moved in was disconnected from the network, because it is an illegal consumer "who takes over electricity without authorization, by arbitrarily connecting to the distribution system".
In the answer, they state that it is Lamela Investora d.o.o. "A COP", which is connected to "PS Gradnja" and its owners. According to data from the Central Register of Business Entities, the owner of "PS Gradnje" is Dejan Petričević. He is the founder of the company "A COP". Bojan Petričević, but the company changes ownership - after Bojan, he is the owner Ivan Petricevic, and after it, from February 2023. Siniša Mugoša.
Dejan, Bojan and Ivan Petričević are brothers.
In June of last year, the Basic State Prosecutor's Office in Podgorica filed an indictment against Dejan Petričević and "PS Gradnje" for the extended criminal offense of building a building without registration and construction documentation.
"Vijesti" wrote at the end of 2021 that the Lamelas at the foot of the Ljubović hill, which were slated for demolition, did not receive a connection for power supply. Even then, Cedis said that the object in question was never connected to the grid, but the tenants said that the electricity supply is regular and that they do not receive monthly bills for consumption. The Podgorica Waterworks then told the editorial office that the obligations towards that company are being paid in an orderly manner.
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