Story about Pavilion - Or Next-Door Neighbor Is My Survivor

Tako Khutsishvili
Ana Sheshaberidze

If you look out of your window one day and see workers working near your windows, you should not get surprised! Soon, a new building will be constructed very close to your house and you can even touch it through the window.

It happened in the first block of Tsereteli Avenue N 55 where, ground floor in the first entrance belongs to Nika-95 Ltd. The windows of the Ltd are looking out at the place where Mikheil Kandelaki is building pavilion. He lives in the fourth entrance of the same building. He has already started construction of the so-called pavilion. The construction started one meter away from the house and the building will completely cover the windows of the ground floor.

Tbilisi Architecture Department issued license on the construction of the so-called pavilion on Ketevan Balalashvili in December of 2009. The construction period was estimated from December 9, 2009 till April 9, 2010 by the union of the flat-owners. Ketevan Balalashvili is the chairwoman of the union. Mikheil Kandelaki said the 56 sq. meters of the land in the yard was assigned to them through the ballot at the meeting of the union where 2/3 of members voted for it.

Director of the Nika-95 Ltd Guram Beruashvili appealed to the Tbilisi Architecture Department on January 18, 2010 where he protested illegal construction of the pavilion. The reply from the department arrived soon. “If you think that administrative-legal acts breached your rights, you can file complaint to the Tbilisi City Hall,” stated the letter of the Tbilisi Architecture Department signed by the head of the department Mikheil Avaliani.

After that, Guram Beruashvili appealed to the supervision city service of the City Hall to react on the fact.

“Construction activities on Tesereteli Ave. 55/1 breach our rights. It is conducted directly next to our office for what our windows are going to be covered and the office will become completely unusable for the purpose. The construction started without our permission. Please, study the fact and take all necessary measures to stop the illegal constructions,” wrote Guram Beruashvili in his appeal.

The City Hall, instead responding to the appeal, sent the Nika-95 Ltd to the department which had issued the license on construction.

Marika Beruashvili, representative of the Nika-95, Ltd: “When we saw something being pulled down near our windows, we immediately inquired what they were doing; they said they were removing the sewage system from the place. After that, administration of the office did not arrive at the office for 10 days. When we arrived, we saw the building was already constructed. The basement is made of the concrete. We informed Ketevan Balalashvili, the chairperson of the residents’ union and asked her to stop the construction. She said there was no problem and could appeal to the city hall herself. However, as we later found out she was carrying out the construction in the yard and played double game to gain time. Then, we appealed to the architecture department which sent us back to the City Hall; the latter sent us back to the architecture department. We spent time in visiting one and the same agencies in vain. The chairwoman of the union did not appear.”

The head of the Nika-95 Ltd is not the only person who complains about the construction of the so-called pavilion. The residents of the block also protest it. They say, nobody asked permission on the construction from them. According to them, neither the meeting of the union was held where 2/3 of the members voted for the construction.

Marika Beruashvili: “Mikheil Kandelaki claims the meeting was held and 2/3 of residents voted for the construction. However, the neighbors told us there was no meeting held. We hold protocol of the meeting but according to the document only three people attended it. Davit Gogishvili was chairing the meeting and the protocol was illegal. Now, what they are building in front of us is not a pavilion at all. We hold the accountancy document which is designed for larger-scaled construction.” 

Gulsunda Lezhava, resident of the building: “There are 170 residents living in this building. 35 people live in our entrance. None of has signed any document. Maybe, the residents of other entrances signed the document but those who are directly affected by the construction did not attend the meeting.”

The residents of Tsereteli Ave # 55/1 appealed to the Tbilisi City Hall but have not received reply from them yet.

“According to our information, the construction started based on the resolution issued by the general meeting of the Union Tsereteli 55 which was not held in fact and we did not take part in it. If we were made to sign any documents by mistake, we decline those signatures,” residents wrote in their appeal to Gigi Ugulava, the city mayor.

According to the inhabitants, the pavilion will create additional problems for them.

Manana Japaridze, resident of the building: “I live on the second floor. They are removing and installing chocks of my balcony time by time. I am getting nervous. I cannot see the land at all… in winter I could not heat the house. I do not know what material they used to roof the construction. She asked me why I was complaining; they roofed the building with best materials… my balcony has got full of cats… everybody knows who will gather in that building.”

Mikheil Kandelaki is supervising the workers during construction. He did not want to make comments with the Human Rights Center. “Have they applied to you too?? I do not make any comments,” he said.

According to the recent information, Tbilisi City Hall unified the appeals of the inhabitants and Nika – 95 Ltd; but the applicants are waiting for their reply for more than two weeks. The construction shall finish before April 9.