The Eighth District Court in Quintana Roo ordered the demolition of the Adamar real estate development—a rough construction project—which includes seven floors, with 24 luxury apartments and condos, on a 730-square-meter property in Solimán Bay, Tulum municipality.
This happened after a private individual filed an injunction because the building violated various regulations, reported Mónica Huerta, legal representative of the Right to a Healthy Environment (DMAS), a group that supported the plaintiff.
At a press conference, he explained that the ruling responds to a lawsuit filed by a Tulum resident, in which he challenged the failure of the Federal Attorney for Environmental Protection (Profepa) to enforce corrective measures against Adamar, after the agency determined in 2024 that the project—led by Desarrollos Tulum Dieciséis—had caused damage to 731.80 square meters of coastal dune, a habitat for endangered species such as sea turtles and protected birds.
Huerta explained that after construction began, the company requested an environmental impact authorization from the Ministry of Environment and Natural Resources (Semarnat), which was denied.
This forced Profepa to require the firm to implement restoration measures; however, the agency failed to adequately implement or supervise these measures, which led to a citizen’s legal action.
She explained that according to the ruling, Profepa will be responsible for enforcing the demolition—within a maximum period of 35 business days of notification—and must ensure that the ecosystem is repaired.
It is also obligated to enforce the respective economic sanctions and follow up on the criminal complaint for environmental crimes filed with the Attorney General’s Office.
According to the lawyer, the federal court’s ruling—issued on August 15—must be notified to Profepa, which has the opportunity to appeal within 10 days. The attorney general’s office, in turn, must notify the firm so that it can submit the demolition request and obtain the corresponding authorization from Semarnat. Once the building is demolished, the environmental restoration of the site must be guaranteed.
The DMAS representative maintained that the ruling reaffirms that the right to a healthy environment, recognized in Article 4 of the Constitution, must be protected with immediate and effective action by the authorities.
She also said that it incorporates international principles such as the principle of “environmental precaution,” which requires action when there is scientific uncertainty about the risk of serious and irreversible damage to a natural area.
With this ruling, Mónica Huerta added, a precedent is set in Mexico regarding judicial defense in this area, reinforcing the State’s obligation to act firmly in the face of ecological damage in areas of high environmental value such as Tulum.
The lawyer expressed confidence that, following this ruling, the door will be opened for any citizen or group to demand, through an injunction, the protection of their constitutional right to a healthy environment.
Source: jornada
