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The Supreme Administrative Court confirmed the ruling of the Burgas Administrative Court of January 8, 2021 in administrative case № 46 of 2021. This was announced by the press center of the Court.
He refused to suspend the preliminary execution of the order № 18 – 10703 of November 5, 2020 of the Head of the Service of Geodesy, Cartography and Cadastre of Burgas for the modification of the cadastral map and records, as well as the entry of the strip of Rosenets as a “coastal beach” with a permanent purpose of the territory as “protected”.
Administrative case № 1779 of 2021 was started in the Supreme Administrative Court on a private appeal from Straightline AD.
“The arguments presented in the private complaint refer to possible inconveniences for the contending company in the management of the buildings, which do not constitute ‘significant damage or difficult to repair’ and do not fall within the scope of the previous provision,” said the Supreme Court. . The court judges said.
Furthermore, there are no arguments or evidence of the amount of possible damage, given the assessment of its “significance”. The nature of the contested order must also be taken into account, which does not directly affect the rights and legitimate interests of the contending company, since the modification of the cadastral map and the cadastral registry has a determining and not constitutive effect. Due to these circumstances, it must be concluded that the private complaint is unfounded.
The SAC ruling has been finalized.
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