Two-year-long unsuccessful protest of the ongoing construction

Maka Shamugia 

On April 25, 2013 the supervision service at the Tbilisi City Hall issued permission on the construction of the multifunctional building in Asatiani Street 10 (plot. 14/012) that caused discontent among the people living in the vicinities of the construction. More than 200 conifers were cut to start the construction in the area. Ltd BD Property supervises the construction activities. According to the order issued by the Tbilisi City Hall, the construction will last from April 25, 2013 – to April 25, 2017. 

According to the local inhabitants, the contraction in Asatiani Street 10 will damage and then ruin the residential buildings in the area. 

“The new government continues criminal activities of the previous government. They do even worse – the current authority issued permission on the construction and cutting of the trees cu,” chairwoman of the executive council of the Saburtalo Park Marina Chikovani-Torotadze said. 

The locals said the construction company did not provide construction documentation despite their request. The City Hall promised them the LTD "BD Property" will show them all necessary documentations. However, later they declared the construction project as commercial secret. 

According to Marina Chikovani-Torotadze, the ongoing construction in Asatiani 10 caused cracks in the walls around and widened old cracks of the buildings. 

“According to the Samkharauli Forensic Expertise Bureau they can evaluate possible security risks of the construction after they study the project documentation that is made secret by the company. It should be noted that the buildings are in poor conditions in Vaja-Pshavela Avenue because they were damaged during the construction of metro many years ago; now those buildings will fall down. It is direct violence,” Marina Chikovani-Torotadze said. 

According to the architect of the Ltd "BD Property" Vladimer Abramishvili, they have not made the construction project secret for the City Hall staff and experts.  

"As we saw during the session of the City Hall Commission our opponent do not understand law requirements about high buildings and they rely on invalid legislative acts or amended laws, or incorrectly interpret the new laws,” said the architect Vladimer Abramishvili. 

The residents of the neighborhood claim the company does not have the requested documentation for what they made the project a commercial secret. They said they do not have right in accordance to the law. The construction part of the project must be available for interested parties.

The Chairwoman of the public movement Saburtalo Park said the former deputy head of the Supervision Department at the City Hall Mujirishvili had no right to individually make decision on granting secret status to the construction project. 

Lawyer of Human Rights Center Tamar Avaliani said the representative of the public agency had right to declare the project commercial secret that is know-how or has significant impact.

In accordance to the General Administrative Code of Georgia, commercial secret is information which contains know-how or has significant impact of technical influence; also other information whose disclosure might damage the competitiveness of the company. The code states that anyone has right to appeal the commercial secret status of the project at the court in accordance to the procedural norms. 

Human Rights Center contacted the deputy head at the supervision department, but they did not comment on the issue.

According to the representative of the BD Property Avtandil Svanidze, there is know-how in the construction project that created necessity to make the information secret. 

"The album of the constructive part was created by best Georgian and foreign architects for the company and contains important information which is the commercial secret of the Company that cannot become public,” said representative of the BD Property Avtandil Svanidze. 
According to him, the ongoing construction does not threat the buildings in the vicinity of the construction: "The cracks, which the population speaks about, are old, and it was confirmed by the expertise of the Samkharauli Bureau too.” 

Special commission was made at the City hall to study the case about the construction in Asatiani St N10. 

At this stage, the construction is not in active phase and the court is discussing the case.

7 Mar. '15