The Basic Court of Podgorica, under the direction of Judge Ilija Radulović, has made the decision to reinstate the main trial regarding the case brought forth by the Podgorica Basic State Prosecutor’s Office against “PS Gradnja” and its owner Dejan Petričević. This case involves allegations of ongoing criminal activity related to constructing buildings without proper registration and construction documents, even though Judge Radulović had previously indicated that a verdict would be delivered by the end of March.

This information was officially confirmed to “Vijesti” by the Podgorica Basic Court.

In June 2023, the Basic State Prosecutor’s Office in Podgorica initiated charges against “PS Gradnja” and Petričević for the same offense regarding the construction of a building lacking appropriate registration and documentation.

The editorial team has actively monitored the outcome of these court proceedings, which have persisted for nearly two years. Recent official updates from the court reveal frequent postponements of the verdict publication, which was initially slated for release on Wednesday. However, Judge Radulović opted to “reopen the main hearing.”

“…For clearer understanding of the factual circumstances. Given the aforementioned, the verdict in this matter remains unpublished,” stated the Basic Court.

The firm “PS Gradnja” is responsible for the collective housing development in the Ljubović area of Podgorica, known as Lamela C, which was earmarked for demolition several years ago but has yet to occur. In late January, the Ministry of Spatial Planning and Urbanism delivered a new ruling that dismissed an appeal from “PS Gradnja” concerning the urban planning and construction inspector’s decision for the forced demolition of the disputed structure. Nonetheless, the investor continues to pursue legal avenues and challenge the authorities’ decisions.

The most recent hearing in the ODT case against “PS Gradnja” and Petričević took place on March 6th.

During this session, the court denied all motions submitted by the defense up to that point. The justification provided by Judge Radulović was that the majority of the evidence presented pertained to events that occurred post-commission of the alleged offense.

During the hearing, the State Prosecutor reiterated her support for the indictment, asserting that “the evidence presented, particularly the inspection report and witness statements, sufficiently establish the culpability of both the legal entity ‘PS Gradnja’ and defendant Dejan Petričević.”

“Thus, I recommend to the court that the defendant be convicted and penalized in accordance with the law,” she stated.

In response to the prosecution’s evidence, including the inspection documents included in the case, the defense argued that several of these records do not actually pertain to “PS Gradnja” and acknowledged that while certain works were conducted, these operations occurred prior to the construction ban.

The defense also contended that the inspection report dated February 3, 2021, “did not indicate that any construction was undertaken, rendering that document irrelevant; it merely generically stated that work had continued without specifying which works were carried out or what they entailed.”

Furthermore, Petričević, in his defense, emphasized that no construction activities were conducted on the facility following the imposition of the construction ban, specifically referring to the Ministry of Sustainable Development and Tourism’s decision on January 31, 2019. Construction on the disputed residential block by “PS Gradnja,” known as Lamellas B, C, and D, commenced in 2017.

In mid-January 2024, following an order from the inspection department under Janko Odović, demolition of the disputed building commenced, though it was halted the same day around 13:30.

Subsequent work was performed on parts of the disputed building, which the apartment owners had not contested, with intentions to complete the construction themselves and occupy the spaces.

Following a breach of the building inspection seal, the Podgorica police became involved with the contentious lamella. Considering it is an illegally constructed structure, as informed to “Vijesti,” they sought clarification on how apartment owners in Lamella C were registered in the real estate cadastre.

Earlier last year, the Basic Court in Podgorica enacted a temporary measure, prohibiting the state of Montenegro and “Zaštita prostora” from demolishing or altering Lamela C…

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