No one from the Ministry of Spatial Planning, Urbanism and State Property appeared yesterday at the public hearing that was held in the Administrative Court on the complaint of the former President of Montenegro. Milo Đukanović.
At the end of June last year, due to the silence of the administration, in the case related to the decision on the demolition of part of the buildings on the Đukanović estate in Nikšić's Kočani settlement, the lawsuit was filed by an attorney. Ana Đukanović.
She said at the hearing yesterday that the defendant did not come to any deadline, that neither the plaintiff nor she, as an attorney, received any decision from the administrative authorities on the complaints filed, and that the only decision she received was the one rejecting the request for the exemption of the authorized person for action in inspection supervision.
Yesterday, the Ministry of Spatial Planning, Urbanism and State Property did not answer the questions of "Vijesti", among other things, which is why no one from that department appeared at the hearing.
Urban and construction inspector Aleksandar Todorovic issued on April 4, 2023, 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.
On April 12, 2023, the Djukanovics filed an appeal with a proposal to postpone the execution of the decision on demolition, on April 24, an appeal due to the administration's silence, and in June of last year, a lawsuit to the Administrative Court - due to the administration's silence.
At the time of the decision on demolition, the Department of Spatial Planning, Urban Planning and State Property, which includes the Urban and Construction Inspection, was in charge Ana Novaković Đurović.
In July, she told "Vijesta" that in connection with the case related to the property of Đukanović in Kočani, they asked for additional documentation from the Municipality of Nikšić, and after receiving the documentation, they only replied on October 20 that the files had been submitted to the Administrative Court for a decision. .
A few days later, the Ministry of Spatial Planning, Urbanism and State Property took over Janko Odović.
After that, the department told "Vijesta" that the inspection will not act on the decision to demolish the buildings on the Đukanović family's estate in Kočani, until the end of the dispute before the Administrative Court.
In February, they told "Vijesti" Television that the Ministry's acting officials are in the process of explaining "why it was not decided based on the appeal filed, but a situation arose where the party in the proceedings filed a lawsuit due to the administration's silence."
"And why, in the meantime, there is still no decision in relation to the reported appeal, by the acting authorized officials of this Ministry", TV "Vijesti" announced on February 11 the response of Janko Odović's department.
The Ministry of Spatial Planning, Urbanism and State Property also said at the time that the responsibility and omissions of employees in their actions, that is, their failure to act, will be sanctioned in accordance with current regulations.
With the decision he made in relation to the Đukanović property in Kočani, 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". 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, 2023, but it was abandoned.
MEPPU previously 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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