The inspection of the Ministry of Ecology, Spatial Planning and Urbanism will not act on the decision on the demolition of the buildings on the Đukanović family estate in Kočani, in Nikšić, until the dispute before the Administrative Court is over.
This is what "Vijesti" was told by the department that was headed by the minister until a few days ago Ana Novaković Đurović.
He has been at the head of the Department of Spatial Planning, Urban Planning and State Property since Tuesday Janko Odović.
"Former President (Milo) Djukanovic filed an administrative dispute against this Ministry due to the administration's silence. In this regard, the entire case files have been submitted to the Administrative Court of Montenegro for decision," they told the newsroom ten days ago.
The Administrative Court told "Vijesta" that based on Milo Đukanović's lawsuits, three cases were formed in that court, that in two of them, from June, the case files with the response to the lawsuit were delivered to the court on July 27, and that the third, from August, is in phase of the preliminary examination of the lawsuit.
"In the cases where a hearing was requested, it has not yet been scheduled," the president of the Administrative Court told "Vijesta". Miodrag Pešić.
The lawyer did not respond to the newsroom's inquiry Ana Đukanović. She previously told the newsroom that she filed an appeal with the Administrative Court against the decision of the urban planning and construction inspector ordering the demolition of the houses in Kočani owned by Đukanović.
The urban planning and construction inspection issued a decision on the demolition on April 4. The Đukanovićs then filed an appeal, and the MEPPU previously told "Vijesta" that the deadline for a decision on the appeal is 40 days.
The department headed by Minister Novaković Đurović then, as they said at the beginning of July, requested additional documentation from the Municipality of Nikšić in connection with that case.
The Municipality of Nikšić and the Secretariat for Spatial Planning and Environmental Protection previously told "Vijesta" that they received the request on June 30, two days after it was sent from Ana Novaković Đurović's department, as stated in the document they submitted to the editorial office.
They also said that they sent the requested documentation to the Ministry of Ecology, Spatial Planning and Urbanism on the second working day after receiving the request, that is, on July 4.
"Vijesti" had already sent questions about the case to the Ministry of Ecology, Spatial Planning and Urbanism, but the department did not respond until October 20, when they told the editorial office that the files had been submitted to the Administrative Court for a decision.
On April 4, the urban planning and construction inspection issued a decision on the demolition of buildings on the Đukanović estate in Kočani. The deadline for demolition was 20 days from the date of receipt of the decision, and it was also stated that, in accordance with the Law on Inspection Supervision, an appeal against the decision does not delay execution...
Although it is the decision of the inspector Aleksandar Todorović it was announced that if Đukanović did not demolish the buildings within 20 days, the state would do it at his expense, that did not happen.
The inspector then ordered the demolition of building 1 on cadastral plot 3/3 KO Kočani in Nikšić, area 170 m2, floor number P; building 2 on the cadastral plot 3/2 KO Kočani in Nikšić, surface area 89 m2, floors Su+P... "because they were built contrary to the valid PUP of the Municipality of Nikšić".
On April 4, the Urban and Construction Inspection issued a decision on demolition. In that decision, it was announced that if Đukanović did not demolish the buildings within 20 days, the state would do so at his expense, but that did not happen.
In the inspector's decision, it is also written that the reason for the demolition is that the buildings were built contrary to the valid Spatial-Urban Plan (PUP) of the Municipality of Nikšić, i.e. because they are located in the "green protective belt" zone, that "protective belts can only be of a sanitary and hygienic nature or green protective belts", and "that the part of the protective belt does not indicate the possibility of building any type of residential buildings".
According to the documentation previously provided to "Vijesta" from the Nikšić Secretariat for Spatial Planning and Environmental Protection, the brother of the former President of Montenegro Aco Djukanovic submitted in June 2018 a request for the legalization of buildings in Kočani - for buildings on plot 3/2, which is registered in LN 889, plot 3/3 from LN 983 and objects on plot 10/5 from LN 633.
According to the same documentation, Đukanović received a decision from the Secretariat a few days later on the suspension of the initiated legalization procedures - until the adoption of the General Regulation Plan of Montenegro. That decision, as it says, refers to two immovable property lists - 889 and 633. The decision does not mention plot 3/3 and LN 983, where a family residential building with an area of 290, i.e. a ground floor building with an area of 170 square meters, is registered for which, among other things, inspector Todorović ordered to demolish.
The deadline for drafting the General Regulation Plan was October 14, but it was abandoned. A few days ago, the MEPPU said that the issuance of documentation, which is a condition for construction, will apply to state and local planning documents and that they will be considered valid until they are declared invalid.
The Nikšić Secretariat also mentioned the illegal fence on the Đukanović property, but the fence was not the subject of inspector Todorović's demolition decision.
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