Before the Administrative Court, there are three lawsuits filed by "PS Gradnje", which the company filed against decisions on compulsory demolition and a decision rejecting the legalization of the buildings they built in the Zabjelo settlement in Podgorica. This is what the Administrative Court told "Vijesta" yesterday.
According to the data they provided, all lawsuits were filed in 2022.
"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 and Construction Inspector, which allowed the compulsory execution of the decision on the demolition of a residential building - collective housing, slats C, B and D, which are being built on a previously built garage at the location of KP no. 3831, 3829/1, 3827/1 and 3827 (Ref. 47, 48, 49, 51 and 130)", they state in the answer.
U. no. 461/22, as they add, "the subject of the dispute is the annulment of the decision of the chief administrator of the Capital City of Podgorica.
"Which rejected the appeal against the decision of the Secretariat for spatial planning and sustainable development of the capital, and which rejected the investor's request for legalization of residential building number 2, on the floor plot 3827/7 KO Podgorica III", they told "Vijesta".
U.No. 1065/22, added the Administrative Court, "the subject of the dispute is the annulment of the decision of the Ministry of Ecology, Spatial Planning and Urbanism, which rejected the request to postpone the execution of the decision, which allowed the forced execution of the decision on demolition".
The Administrative Court said that, "given the nature of the administrative matter, the importance of the outcome of those proceedings for the rights and obligations of both investors and apartment owners", they will try to give priority to those cases.
"With the fact that the total number of cases pending before the Court must be taken into account, especially the fact that cases from 2021 are still pending," they told "Vijesta".
They also reminded that the Administrative Court previously, in cases from 2019, made decisions based on lawsuits by the same investor. All claims were rejected as unfounded.
From "PS Gradnje" they requested that the legality of the decision of the authorized inspector on the demolition of lamellas B and D, and lamella C be challenged, and in one case they requested that the legality of the decision rejecting the construction application be challenged and at the same time prohibiting the construction of lamella C.
From the department Janko Odović yesterday they said that the decision to demolish lamella C will be implemented, "despite evident attempts at obstruction". They also said that the minister will meet with the owners of the apartments, in order to find a solution for their problem.
In an explanation of the fact that the investor had announced on December 20 that he would demolish the disputed lamella C himself, Odovoić's department said yesterday that the Ministry issued a decision on December 5 that allowed the forced execution of the decision from March 2019, which "PS Construction" ordered demolition.
Although he announced so, the investor did not demolish the building on Wednesday. It was announced that there was no support from the Center for Social Work that day, and the Urban and Construction Inspection informed the media that the inspector's decision had been appealed to the Administrative Court and that proceeding before the court's decision could cost the state.
Last night, the buyers of the apartments blocked the road to that building with their vehicles.
Cedomir Radicevic, as a representative of the building's apartment owners, in case of demolition, announced that he would sue both the state and the investor.
"Well, let them see who can pay for it, our lawyer guarantees that we would succeed in such a procedure", he said earlier and added that Lameli C has 83 apartments, that they have all been sold, that 90 percent of them are listed in the cadastre as buyers, and that for 10 percent the registration procedure is in progress.
The editors also have access to one of the sales contracts, which was concluded in August 2022, in which the notary states that there are encumbrances and restrictions on the real estate deed in which the disputed building (7743 KO Podgorica III) is registered - "no permit".
The contract also states that the contracting parties declare that they are aware of the "no permit" burden, that the seller has initiated the procedure for obtaining a permit and the legalization procedure, and that it is expected that the residential building will receive a permit...
The Chamber of Notaries did not respond to the editor's questions about the possible liability of notaries, who concluded the contracts of those who bought apartments in disputed slats from "PS Gradnja".
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