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Warsaw. Monument to the Battle of Warsaw 1920. The voivode will not appeal against the court's verdict

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The permission to build a monument to the Battle of Warsaw 1920, issued a few months ago, was revoked by the Provincial Administrative Court. The Masovian Voivode informed that he would not file a cassation appeal in this case.

“Due to the clear position of the Provincial Administrative Court in Warsaw on the lack of the investor's right to use the property for construction purposes, the Masovian Voivode waived from filing a cassation appeal to the Supreme Administrative Court,” the Masovian Voivode's press team reported on Wednesday.

As stated in the message sent to the editorial office of tvnwarszawa.pl, the Provincial Administrative Court agreed with the position of the complainant Housing Community “Rozdroże” that “the loan agreement submitted to the case file is not a document demonstrating the investor's right to use the property for construction purposes.”

“The agreement contains provisions that do not take into account the possibility of carrying out construction works on the loaned property in the form of building a monument. Due to such construction of the loan agreement, without the investor's explicit authorization to build a monument on part of the property at Na Rozdrożu Square, the appeal body was obliged to examine whether the plot in accordance with the provisions of the loan, construction work could be carried out,” explained the press team of the Masovian Voivode.

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Moreover, the voivode pointed out that in the justification of the court's decision it was emphasized “that the Municipal Roads Authority in Warsaw, which participated in the proceedings, acting on behalf of the capital city of Warsaw, did not question the declaration submitted by the Investor on the right to use the property for construction purposes.”

The court questioned the contract

Two weeks ago we revealed on tvnwarszawa.pl that The Provincial Administrative Court in Warsaw overturned the decision of the Masovian Voivode approving the construction design and permit for the construction of the monument to the Battle of Warsaw 1920. This information was provided to us by the Adam Mickiewicz Institute, which on May 1 this year, by decision of the Minister of Culture and National Heritage, took over the duties of the Niepodległa Office, responsible for the construction of the monument.

The Niepodległa office received consent to erect the monument from the capital city hall in September last year. How did the case reach the Masovian Voivodeship Office if the permit was issued by the city? As the voivode's press team explained at the time, an appeal against that decision was filed by the neighboring housing community “Rozdroże”.

On November 22, the voivode issued a decision upholding the permit, but the community filed a complaint to the Provincial Administrative Court. The voivode's decision was annulled in April this year.

“Gazeta Stołeczna” reported that residents of the community neighboring the square want to preserve the existing fountain surrounded by greenery.

What's next for the monument?

Does the plan to build the monument remain valid? Klaudiusz Gomerski, spokesman for the IAM, only informed that the institute received the justification for the Provincial Administrative Court's judgment in May and “is conducting a detailed analysis of the issue in the context of possible scenarios for further action.” On Wednesday, we asked a representative of the IAM what the voivode's decision not to submit a cassation appeal to the Supreme Administrative Court means in practice? Does this mean abandoning the construction of the monument? Is another location being considered? We are waiting for answer.

A monument worth millions

The design of the monument to the Battle of Warsaw 1920 was selected in February 2020 in an architectural competition. It was won by the Nizio Design studio. The monument is to take the form of a tall, counterclockwise obelisk. When the competition was announced, representatives of the government and the capital's authorities only declared their willingness to unveil the monument on August 15, 2020, i.e. on the hundredth anniversary of the clash of Polish and Bolshevik troops. The deadline seemed unrealistic from the beginning.

In March this year, the contractor for the monument was selected. The tender was won by Warbud, which valued the construction of the monument at over PLN 34 million.

Main photo source: Warsaw City Hall

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