The Administrative Court in Varna has launched the case related to the fences around nine properties in the "Baba Alino" area, ordering the preparation of several expert opinions. This was announced by the press service of the court, quoted by the Bulgarian National Radio.
The proceedings were initiated upon a complaint by the company “VilApart Arkanum“ OOD against an order of the director of the Regional Forestry Directorate (RDG) - Varna. With it, the company is obliged to remove the fence built around its properties.
The company is challenging the order with the argument that the Forestry Act does not require a change of purpose for the land in question, which is why, according to them, the imposed coercive administrative measure is unlawful.
To clarify the status of the properties, the court appointed a forensic technical expertise, which will be prepared by an expert - a surveyor. It will have to analyze the current and old cadastral and regulatory plans, as well as the available map and orthophoto materials. The aim is to establish whether the properties fall entirely or partially within the boundaries of a settlement or settlement formation, as well as whether they are included in a regulatory plan approved before 1973.
The expert must also examine an order from 1967 of the then Deputy Minister of Construction and Architecture, referring to the "Baba Alino" locality, and indicate whether it covers the properties of the complainant.
A complex forensic, technical and ecological expertise will also be prepared by order of the court. A forester and an ecologist will work on it, who must establish whether the fence impedes the free movement of people, wild animals and water flows, as well as whether it creates obstacles to the natural connectivity of the habitats. They will also have to conclude whether the properties fall within protected areas or zones.
We recall that on June 10, the Administrative Court in Varna refused to suspend the preliminary execution of the order to remove the fence. The ruling was not appealed and has already entered into legal force.