2024-07-23 05:27:09
The removal of the illegal constructions along the shore of the Iskar dam, which the Metropolitan Municipality began the forced demolition of illegal constructions, has been stopped by a ruling of the Pernik District Court. It blocks the implementation of three orders of the chief architect of the Metropolitan Municipality, which came into force and subject to execution after a final decision of the Supreme Administrative Court (SAC).
The capital municipality took immediate action and appealed the decision of the District Court – Pernik. Three courts have been appealed. “Our attitude towards illegal construction is uncompromising and we will continue to fight with all legal means,” said the mayor of Sofia, Vasil Terziev.
We remind you that for the three buildings on the bank of the “Iskar” dam, related to the company “Bio Mining” JSC, there is the final decision of the Supreme Administrative Court confirming the orders of the chief architect of Sofia that the buildings must be removed. Due to the lack of voluntary performance by the owner, the Metropolitan Municipality proceeded with forced performance. At the same time, at the request of “Bio Mining” AD, it was requested that the company be given the opportunity to voluntarily carry out the removal, specifying a three-month schedule for the activities.
On 11.06.2024 a notification was received in the Capital Municipality that, by order of the District Court – Pernik, the implementation of the removal of the illegal buildings is suspended due to a commercial dispute. The commercial dispute filed by the legal entity “Forest Troll” OOD, which is different from the owner of the buildings, has a subject: remuneration due under a contract for the performance of construction and installation works from 03.01.2021.
There are serious doubts that this is a simulative process, since the claim by “Forest Troll” OOD was submitted on 07.06.2024. On the same day, a case was opened on the inventory of the District Court – Pernik. Three days later, on On 10.06.2024, a request for collateral was received. With a decision of the same day, namely – 10.06.2024, the court in Pernik allowed collateral and issued a collateral order on 11.06.2024.
The court granted a precautionary measure “stopping the implementation of the three orders of the chief architect to demolish the illegal buildings” on the grounds that for the outcome of the case it is necessary to examine and establish the construction activities carried out, which in the first place should be able to be proven with construction documentation. Secondly, their investigation and establishment is expected to serve as evidence in a process, for which a separate order is provided by law, different from that in collateral proceedings.
At the moment, the District Court – Pernik has not ruled on the complaint of the Metropolitan Municipality.
A complaint was also filed with the Inspectorate of the Supreme Judicial Council (SJC), as well as a report to the Sofia District Prosecutor’s Office against the issued protective order on the inventory of the Pernik District Court. The report was forwarded to the Sofia City Prosecutor’s Office, which refused to initiate pre-trial proceedings, and the Inspectorate of the SJC gave an opinion that the report did not contain enough data to carry out an investigation.