Administrative Contest in Ferizaj

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On December 15, 2013, Justice in Kosovo discussed an administrative dispute in Ferizaj.

A two floor building on the road Hamez Jashari in Ferizaj was demolished by the municipality authorities in 2009. The municipality expanded the road and one year later they made an agreement with the owner of the building to compensate him by giving him three shops downtown.

The demolished venue was owned by Naser Mustafa who earned approximately 1,000 euros per month renting the venue. Three years have passed and Naser Mustafa was never compensated. The reason that the municipality did not compensate Naser Mustafa was that the former mayor of Ferizaj, Bajrush Xhemajli, released an announcement on the 14th of January, 2010 in which he cancelled the agreement with Naser Mustafa.

Naser Mustafa alerted the authorities about the cancellation of this agreement. The prosecution opened an investigation but closed it.
The case prosecutor, Florije Salihu-Shamolli, said that the investigation may start again because the Mustafa has offered new evidence.

“Meanwhile the damaged party presented an additional document (the decision of the former mayor Xhemajli). We consider that it is necessary to collect new evidence, therefore we have authorized the investigative unit for economic crimes,” declared the prosecutor Salihu- Shamolli.

Justice in Kosovo contacted the former mayor of Ferizaj, Bajrush Xhemajli, and he declared that at that time many buildings were demolished and he did not remember this case.

“To be honest, many buildings were demolished during my mandate and I do not remember this case. The Urbanism Director, Qazime Vata, is the most relevant person to talk about this because he always consulted here before taking a decision about city planning,” said Bajrush Xhemajli.

The legal official, Jahir Zuka, was authorized by the mayor Xhemajli to sign the agreement for the property compensation with the citizen Naser Mustafa.

“I was the authorized by the mayor Xhemajli and I signed the agreement. I do not know why this case was not finished. The most relevant person to talk to about this is the urbanism director,” said the legal official, Jahir Zuka.

However, the urbanism director Qazime Vata said that the mayor is the one that makes the final decision regarding compensation.
“We realized that we cannot find any solution at the Ferizaj Municipality, so we decided to contact the judicial authorities,” said Fatmir Bajraktari, the lawyer of Naser Mustafa.

In November, 2013, Fatmir Bajraktari pressed charges against the Administrative Issues Department in order for the citizen Mustafa to be compensated.
The Public Lawyer of Ferizaj said that someone should take responsibility for this case.

“I don’t know why everyone refuses to talk about this case, but it is necessary to take measures. The ones that breached the law will respond for these actions and I am saying this in the name of the mayor Agim Aliu because I am authorized to say this,” said the municipality lawyer Adem Aliu.

The damaged party, Mustafa, said that “the agreement must be kept and I should be granted with three venues downtown. If they do not like the agreement then they should return my property in the initial state. I have lost a profit of 40,000 euros since the demolishment of the building.”