The Supreme Administrative Court (SAC) overturned a decision of the Administrative Court in Sofia and finally rejected the appeal of the "Road Infrastructure" Agency (API) against an order of the acting Chief Architect of Sofia Municipality. Thus, the SAC confirmed that the RIA is obliged to take action for urgent repair of a bridge facility at the road junction at "Bulgaria" Blvd. and the Sofia Ring Road (II-18), the court announced, quoted by Dariknews.bg.
What is required of the RIA?
The disputed order obliges the agency to implement several specific steps:
Immediate temporary strengthening of the bridge in order to guarantee its safety and normal use.
Constructive survey with mandatory prescriptions for the future project.
Preparation of an investment project and its submission for approval and construction permit.
Actual repair (construction and installation works) according to the approved projects and the construction permit.
Why is the responsibility of the RIA?
According to the Roads Act and the regulations for the implementation of the activities for maintenance and current repair of the republican roads are the responsibility of the RIA. Municipalities can only participate by express agreement.
Republican roads are exclusive state property, and bridges and other facilities also fall into this category. Therefore, the RIA is the only contracting authority that can and must carry out the repairs.
The Court: The order is lawful
The Supreme Magistrates accept that the order of the Chief Architect was issued in accordance with the law and that the RIA is obliged to carry out the specified actions.
The decision is final and cannot be appealed.