In an unprecedented move, a federal judge in Quintana Roo ordered the demolition of a building constructed without environmental impact permits on the coast of Tulum, where apartments were sought to be sold at multimillion-dollar prices while jeopardizing sea turtle nesting.
This was achieved through an injunction won by the civil association Defending the Right to a Healthy Environment (DMAS), which last year sued federal and local authorities for allowing the construction of the Maiim building, located in Solimán Bay, about 10 kilometers from the municipal seat of Tulum and adjacent to the Xcacel-Xcacelito Sea Turtle Sanctuary, a protected natural area under state jurisdiction.
In Quintana Roo, due to the tourist appeal of Cancún and the Riviera Maya, it is common for private individuals to begin construction of real estate developments before obtaining definitive environmental impact permits. In this case, Maiim was granted municipal licenses issued by the Tulum government, headed by Morena’s Diego Castañón Trejo, as well as state permits, deemed irregular, issued by the Secretariat of Sustainable Urban Territorial Development (Sedetus).
In response to this, the civil association DMAS, the same organization that won suspensions against section 5 of the Mayan Train in 2022, initiated an injunction in August of last year against these actions, which have endangered sea turtles, a species that arrives at this coastal stretch to lay their eggs around this time of year.
Despite the legal proceedings, real estate agents continued to promote Maiim online as a five-story luxury oceanfront development, with apartments priced from 16 million pesos. After nearly a year of litigation, during which the Federal Environmental Protection Agency (Profepa) also intervened, issuing a closure order that the plaintiff failed to comply with, the Fifth District Court issued a ruling in favor of DMAS, requiring federal and local authorities not to issue any permits to the Maiim construction company.
The Maiim building, located on the beach. Photo: Special
Furthermore, the injunction emphasizes that the site must be restored to its original state, that is, the building, which is practically finished and some apartments have been sold, must be demolished.
The developer of the real estate development is the commercial company Promotora de Incentivos México. Although it is in the process of challenging the ruling through a review appeal, this represents a major step forward in the defense of coastal ecosystems in this part of the country, DMAS announced.
“This is the ruling we celebrate, it’s the ruling we want to see replicated. The people of Quintana Roo have trusted their municipalities that, when a license is granted, everything is complied with, and we’re realizing that’s not the case. Today, all of Quintana Roo is suffering from large, useless projects that don’t comply with the law,” explained Antonella Vázquez Cavedon, founding attorney of DMAS.
The organization is also currently fighting against a similar development located in the same area, called Adamar Solimán, which has refused to comply with Profepa closures and suspensions of amparo lawsuits.
Source: proceso
