The farm was built in an area where it is prohibited to place infrastructure, as it is considered a priority area for nesting sea turtles.
By Alejandro Castro
Despite being a Protected Natural Area whose lands are part of the nation’s heritage, individuals built a mansion within the Tulum National Park polygon,
Fernando Orozco Ojeda, director of the National Park that surrounds the Tulum archaeological monuments area, stated that the The house, located on a property of around eight hectares, was built without any type of permit., violating all current norms and programs.
The official explained that the construction works were detected by park rangers last November, when they were still in the foundation stage, for which reason a complaint to the Federal Attorney for Environmental Protection (Profepa), in charge of closing and issuing the corresponding sanctions for environmental damage.
Being an area of difficult access, the park rangers did not return to the site but until the first days of May, to take a tour to mark the start of the season of sea turtle nesting.
During the walk, they realized that the work was already finished and, in addition, it was guarded by armed individuals, Orozco Ojeda said. An individual who identified himself to the rangers as Rogerio Dos Santos inhabited the mansion.
In addition to being located inside the Tulum National Park, the beach area is part of the Biosphere Reserve of the Mexican Caribbean and is a priority area for the nesting of sea turtles, species in danger of extinction and protected by the Official Mexican Standard 159-SEMARNAT-2010.
“What we see is very great environmental damage, outside of any norm. Besides, the house is guarded by armed subjects“Assured the director.
The Management Program of the Biosphere Reserve of the Mexican Caribbean prohibits placing any type of infrastructure in that area. Likewise, the construction invades the strip of the Federal Terrestrial Maritime Zone, destined for its management to the National Commission of Natural Protected Areas (Conanp), for preservation purposes.
Nationalization since 1981 and judgment of the Court
The Tulum National Park lands have been nationalized for conservation purposes since 1981, when the decree was issued as a Protected Natural Area. However, after that, lots were marketed on the coast line.
The post-expropriation sale is mired in a legal dispute between Conanp and the occupants. To date, the federal agency has filed 27 complaints before the Attorney General of the Republic for the crime of “dispossession“
In 2011, the Supreme Court of Justice of the Nation (SCJN) resolved a constitutional controversy with respect to the scope of the municipality in the polygon, in which it is determined that the sole owner and holder of these lands is the Federation, through Conanp.
“The fact that the only legitimate owner and holder of the protected natural area is the Federation and,
as it is a property in the public domain of the nation expropriated for public use and conservation of its natural resources, it is inalienable and imprescriptible, so the individuals cannot validly acquire rights over it”, Indicates the sentence.
When park rangers questioned the alleged owner of the farm, he argued that has “all permits” from the municipality of Tulum.
However, according to the SCJN ruling, the Tulum city council is prevented from granting any type of license of construction inside the Protected Area.
They blame the Conanp
Regarding the occupation of land in the area, the businessman Roberto Palazuelos, owner of the Diamante K hotel, which is also within the National Park, stated that all the legal conflict was due to mismanagement by Conanp from the beginning, since it alleges that the properties were not delimited correctly or affected before the Public Registry of Property and Commerce, which allowed their original owners to continue marketing them.
To date, Roberto Palazuelos is the only owner with a cover that exempts your land from the expropriation decree.
The businessman acknowledges that the properties were expropriated, but alleges that the “omission” of the Conanp by not making the corresponding records, is what has caused “all the mess”.
He too television actor was denounced in recent days before the Attorney General of the Republic (FGR) for the clearing of chit palms on the outskirts of your hotel, endemic species and in risk category, protected by the Official Mexican Standard 059-SEMARNAT-2010.
Given this, he assured that it is “False” accusation and he described as exaggerated the person who came to carry out the verification, since he affirmed that it is a maneuver by the director, Fernando Orozco Ojeda, against the businessmen.
“The people of the Park already bring it very strong against all those who are in here, they want to get everyone out of any way. They do not respect anyone, they are out of control, “he added.
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