Kalač Isa's request for the legalization of an illegally built residential and commercial building is rejected

Secretariat for Spatial Planning and Environmental Protection of the Municipality of Rožaje, deciding on the request of Kuč Rifat from Rožaje, no. UP 0403-454 from 07/09/2018. year, on the basis of Articles 18 and 116 and in connection with Article 60 of the Law on Administrative Procedure ("S1. list of Montenegro" no. 56/14, 20/15, 20/16 and 37/17), brings:

Solution

REQUEST REJECTED Kalač (Šemso) Isa from Rožaj, no. UP 0403-454 from 07/09/2018. year, for the legalization of an illegally built residential and commercial building in the town of Novopazarska, on cadastral plot number 1924 KO Rožaje - Rožaje municipality, as messy.

Reasoning

Kalač Iso from Rožaj, applied with request no. UP 0403-454 from 07/09/2018. year, to the Secretariat for Spatial Planning and Environmental Protection for the legalization of an illegally built residential and commercial building in Novopazarska Street, on cadastral plot number 1924 KO Rožaje - Rožaje municipality. 

Considering the request number above, this authority determined that it was irregular, and in accordance with the provisions of Article 60 of the Law on Administrative Procedure ("Official Gazette of Montenegro 56/14, 20/15, 20/16 and 37/17), informed of the applicant, by Notification no. 06-333/22-565 from June 28, 2022. year, that his request is irregular and that, if he does not submit the required evidence within the given time limit, namely: a certified Elaboration of an example of the constructed state of the constructed object made by a licensed geodetic organization and proof of the recording of the existence of the object in the cadastral records, the same will be rejected as messy. The applicant did not submit the required evidence within the deadline. 

Pursuant to the provisions of Articles 111 and 112 of the Law on Administrative Procedure ("SI.list CG", no. 56/14, 20/15, 40/16 and 37/17), the applicant was informed of the results of the examination procedure by letter no. 06-333/22-703 from August 22, 2022. of the year, which enabled him to declare the same within three days from the date of receipt of the act, and the delivery of which was carried out by public notification - publication of a letter on the website of the Municipality of Rožaje on 09.09.2022. year, in accordance with Article 87 of the Law on Administrative Procedure ("Official Gazette of Montenegro", no. 56/14, 20/15, 40/16 and 37/17).

The applicant did not declare the results of the investigation within the deadline, so this body, in accordance with Article 112 paragraph 3 of the Law on Administrative Procedure ("Official Gazette of Montenegro", no. 56/14, 20/15, 40/16 and 37 /17), issued a decision without the party's statement.           

On the basis of the conducted procedure and with the application of Article 60 of the Law on Administrative Procedure ("Official Gazette of Montenegro" no. 56/14, 20/15, 20/16 and 37/17), this body decided as in the enacting clause of the decision.

Instruction on legal remedy: An appeal against this decision can be filed with the Chief Administrator within 15 days from the day of receipt. The complaint is submitted through this body and charged with 4.00 euros.