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“The initial way to eliminate the infraction would be to restore the riverbed, while all the design documents are fixed. If this is not done within 24 months, the next six-month stage is the demolition or reconstruction of buildings to guarantee the existence of a 5-meter protection strip, ”Marius Bartninkas, president of the Division of Protection, told reporters. Kaunas Regional Court Civil Cases.
If these requirements are not met, it will be possible to carry out forced demolition work.
This Order shall enter into force on the date of its adoption.
According to the judge, the design documentation did not record if the required distance to the river was not observed during design, if the structures were designed outside the protection zone, but then the river bed was changed.
“The first objective is to legalize the buildings, because by decision of the Supreme Court the permits and the design documentation have been revoked, it is about processing the design documentation of the buildings and preparing the project together, obtaining approvals from all the institutions and restore the channel. If this fails, then the demolition issue will also be resolved ”, commented M. Bartninkas.
The peace talks between the Public Ministry of the case and R. Malinauskas, the municipality of Druskininkai and other institutions recognized as defendants in the case took about a year.
The Kaunas Regional Court re-examined the case concerning the demolition of part of R. Malinauskas’ estate house after the Lithuanian Supreme Court returned it to the court of appeal.
The Kaunas Regional Court had declared the relevant documents issued by the Druskininkai municipal administration invalid and ordered R. Malinauskas to demolish (dismantle) a part of a residential house, a part of a fence, a roof, an outdoor fireplace located in the protection zone of the Ratnyčia river and put the construction site in order.
However, the Lithuanian Supreme Court decided to annul the part of the judgment by which R. Malinauskas is obliged to demolish (dismantle) the part of the residential house, the roof, the outside chimney, to order the work, as well as the party that allocates costs of litigation.
The court left the part of the order relating to the demolition of the existing part of the fence unchanged.
The house inherited from the mother of R. Malinauskas is located by the Ratnyčia River in the village of Latežeris, Druskininkai municipality.
Author Austėja Masiokaitė-Liubinienė
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