The Eighth District Court in Quintana Roo ruled that the Federal Attorney for Environmental Protection (Profepa) must guarantee the environmental restoration of the lot where the Adamar condominium complex was built without permits in Tulum’s Bahía Solimán neighborhood. This means the property must be completely demolished, reported the organization Defending the Right to a Healthy Environment (DMAS).
The ruling stems from an amparo lawsuit filed by a Tulum resident against Profepa, alleging that the federal agency failed to comply with a ruling ordering it to ensure the site was returned to its original state prior to the construction of the condominiums as an environmental restoration measure, said DMAS attorney Mónica Huerta.
For context, in June 2024, Profepa determined that Desarrollos Tulum Dieciséis, S.A.P.I. de C.V. This caused damage to the coastal dune ecosystem in the area and to species such as sea turtles.
For this reason, it imposed fines and ordered the environmental restoration of 731.80 square meters of the affected area.
The company wanted to be on the safe side and requested the environmental impact authorization from the Ministry of Environment and Natural Resources (Semarnat), which it should have processed from the outset, and not while the project was under construction. However, the agency denied the permit for violating the Environmental Impact Assessment Procedure (PEIA).
Thus, based on its own procedure and a judge’s order, the project was to be demolished.
However, compliance and supervision of these actions were not carried out, which led a private individual to seek legal protection against Profepa’s omissions.
Consequently, the Eighth Court granted the citizen the injunction and determined that the Attorney General’s Office must actively and ex officio carry out the ordered environmental restoration, which includes the demolition of the construction, as there is no other way to return the property to its original condition.
“The demolition is a fact, and Profepa must guarantee and promote the process. If you are seeing that Desarrollos (Tulum 16) must complete the process, you must appear before the authority and request that it initiate the demolition process for that construction, because it has already been proven that this project is causing ecological damage to the ecosystem,” she stated.
The path the matter should follow is as follows, according to the activist: The resolution—issued on August 15—must be notified to Profepa, which in turn must notify the company of the court’s ruling so that it can submit the demolition request and obtain the corresponding authorization from Semarnat. Once the building is demolished, the lot remains in its original condition, but damaged by the construction, so the environmental restoration of the site must be guaranteed.
The demolition must be complete, Huerta stated. “Within the resolution itself, approximately four inspections were carried out as part of the administrative procedure before Profepa (Profepa); these verification reports showed that there was indeed ecological damage and damage to the habitat of many species; therefore, the entire building will have to be completely demolished.”
At a press conference, the lawyer explained that the imposed economic sanctions must also be applied, and the criminal complaint filed with the Attorney General’s Office (FGR) for environmental crimes must be followed up.
Huerta mentioned that the court ruling emphasizes that the right to a healthy environment, established in Article 4 of the Constitution, must be protected through immediate and effective action by the competent authorities.
Furthermore, it integrates international principles such as environmental precaution, which requires action even when scientific uncertainty persists regarding the magnitude of the risks of damage.
This ruling establishes a judicial precedent in environmental matters, he said, reinforcing the Mexican state’s obligation to firmly intervene in the face of ecological damage in high-value areas like Tulum.
Source: es-us.noticias.yahoo
