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The District Court in Banja Luka has annulled 27 decisions made by the Gradiška City Assembly regarding the lease of hundreds of thousands of hectares of agricultural land in the local community area, reveals CAPITAL.
The court made several dozen rulings annulling decisions made by the Gradiška parliament regarding the allocation of land for lease. These rulings were based on a lawsuit filed by the company “Agroexport kompani” from Gradiška, which had obtained the land in question under a concession in 2007.
The annulment of the decisions on the leasing of agricultural land effectively opens the door for lawsuits and requests for compensation for damages and lost profits to the company “Agroexport kompani”.
As a reminder, CAPITAL previously reported that Bogdan Sladojević, the owner and director of this company, filed a criminal complaint against former RS Minister of Agriculture, Forestry, and Water Management Boris Pašalić, Mayor of Gradiška Zoran Adžić, and President of the Gradiška Assembly Milenko Pavlović.
In the criminal complaint, Sladojević stated that Pašalić, Adžić, and Pavlović, by abusing their positions and exceeding their authority, obstructed his company from extending the Concession Agreement on over 700 hectares of agricultural land in Lijevče polje, resulting in material damages amounting to around five million marks
“They were reported to have disobeyed the court decision and influenced the Gradiška City Assembly to pass a decision accepting the Agricultural Land Use Program in the city of Gradiška for the year 2023 by interfering with the judicial process and having 733 hectares of agricultural land taken from “Agroexport Kompani”. This company had brought to purpose this land and was using it as a concessioner based on the valid concession contract”, reads the criminal complaint.
Based on similar allegations made in lawsuits filed by “Agroexport Kompani” against the Assembly of the City of Gradiška, the District Court in Banja Luka has nullified decisions pertaining to the leasing of agricultural land within this local community
Popović: Someone has to answer for the damage
Banja Luka lawyer Aleksandar Popović, representing “Agroexport Kompani”, previously sent a letter to several authorities, including the Ministry of Agriculture, Forestry and Water Management, the City of Gradiška, the Commission for Land Leasing, and the Ministry of Internal Affairs of Republika Srpska. In the letter, he warned that “any illegal introduction of third parties into possession of agricultural land for which “Agroexport Kompani” held a concession contract, will prompt the filing of new lawsuits”.
After the letter was sent to all relevant parties, it was ignored. Subsequently, following the acceptance of the lawsuit by the District Court in Banja Luka and the nullification of the land leasing decisions, the lawyer representing “Agroexport Kompani” informed CAPITAL that he intends to file lawsuits against all those deemed responsible.
“The lessees, with whom the City of Gradiška signed a contract, illegally entered the property, plowed crops that had already been sown by my client, as ruled by the court, causing evident damage. Therefore, someone must be held responsible and provide compensation” said Popović.
He indicates his intention to file a lawsuit against the Gradiška City Assembly, which he deems most responsible for the damage, followed by legal action against the Republika Srpska, specifically targeting the RS Ministry of Agriculture, Forestry and Water Management. Regrettably, he also plans to sue the lessees who unlawfully entered the property and caused the damage.
“We have engaged experts from the fields of economics, geodesy, and agriculture, whose assessments will determine the amount of the compensation claim. It is anticipated to be in the millions”, said Popović.
Adžić: We will file a revision with the RS Supreme Court
On the other hand, the mayor of Gradiška, Zoran Adžić, says that the rulings of the District Court in Banja Luka are shameful and violate all legal norms, stressing that this is why he asked to speak with the president of that court.
“This ruling is an abuse of the judiciary, and if the courts are going to make such rulings, it is better that they don’t exist. We will submit a revision with the Supreme Court of the RS, because the District Court in Banja Luka practically did not consider any of our completely valid arguments”, said Adžić.
He argues that there were no grounds for initiating an administrative dispute, contending that the disputed acts should be classified as acts of disposal rather than administrative acts. However, the court justified the initiation of an administrative dispute by alleging that the contested act harmed the legal interests of the plaintiff and had broader social significance.
“It is undeniable that it holds broader social significance, as we have entered into lease agreements with 259 of our agricultural producers for land that was previously managed by only three or four individuals. As a city, we are determined not to relent on this matter. We will persist until the end to resolve it,” Adžić asserts.
He emphasizes that “Agroexport Kompani”, as the plaintiff, lacked legal standing to file a lawsuit. This is because the lawsuit was filed in October 2023, whereas the concession contract had expired in September 2022.
“Moreover, the prosecutor failed to challenge the Agricultural Land Use Program within the prescribed period. Additionally, the City of Gradiška was incorrectly designated as the defendant in the lawsuit, rendering it subject to dismissal rather than amendment. The amended lawsuit, with the City Assembly as the defendant, was filed beyond the 30-day deadline, making it untimely. Furthermore, “Agroexport Kompani” did not participate in the land allocation process through leasing, thus lacking active legal standing as a plaintiff in this case. Despite these arguments, the judge of the District Court in Banja Luka proceeded to issue a perplexing ruling, which, among other things, exceeded the scope of the lawsuit entirely”, concluded Adžić.
(CAPITAL)
