Adopted Decision for the legalization of an illegally built building at the request of Mehmed Honsić
Secretariat for Spatial Planning and Environmental Protection of the Municipality of Rožaje, deciding on the request of Mehmed Honsić from Rožaje, no. UPI 06-333/21-165 from 05.05.2021. year, on the basis of Articles 18 and 116 and in connection with Article 60 of the Law on Administrative Procedure ("SI. list of Montenegro" no. 56/14, 20/15, 20/16 and 37/17), adopts:
Solution
REQUEST REJECTED Honsić (Šefto) Mehmed from Rotaj, no. UPI 06-333/21-165 from 05.05.2021. year, for the legalization of an illegally built residential building in "Marsala Tita" street, Rožaje municipality, as disorderly.
Reasoning
Honsić (Šefto) Mehmed from Rožaj, applied with request no. UPI 06-333/21-165 from 05.05.2021. year, to the Secretariat for Spatial Planning and Environmental Protection for the legalization of an illegally built residential building in the street "Maršala Tita" - municipality of Rožaje.
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 ("S1. list of Montenegro" no. 56/14, 20/15, 20/16 and 37/17), informed of the applicant, Notification No. 06-333/22-90 dated 24.02.2022. year, that his request is irregular and that, if he does not submit the requested evidence within the given deadline, namely: a certified Elaborate of the survey of the completed condition of the built object prepared by a licensed geodetic organization and proof of the record 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 ("Official Gazette of Montenegro", no. 56/14, 20/15, 40/16 and 37/17), the applicant was informed of the results of the examination procedure by letter no. 06-333/22-572 from 06.29.2022. year, which enabled him to declare the same within three days from the date of receipt of the act. 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
("SI. list CG" 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 its receipt. The complaint is submitted through this body and charged with 4.00 euros.
