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Private neighborhood dismantled for threatening the environment

It happened in Entre Ríos. A private neighborhood had a negative impact in the vicinity and the Justice ordered the building to be dismantled and the site restored.

All environment
las-amarras

The Entre Ríos Superior Court of Justice ordered the dismantling of the private neighborhood Amarras, which was under construction in the town of Puerto Belgrano. It is due to the negative impact that the works had on the environment.

The ruling indicated that the elevation of land carried out for the construction caused the flooding of the Gualeguaychú River. Among its consequences was the need to evacuate 150 affected people. “Amarras was the only unflooded place in the area and the water it displaced entered the urban centre, affecting densely populated areas,” the ruling says. The document was signed by vocals Claudia Mizawak, Juan Ramón Smaldoneand Martín Carbonell.

The role of the private neighborhood in the negative impact on the rest of the local population was revealed in a study conducted by technicians and scientists of the University National of La Plata. The high school house was designated by the Ministry of Environment of the province of Entre Rivers.

The request to reverse the works of the private neighborhood had been filed through an application for amparo by the Municipality of Gualeguaychú - Yeah . The highest provincial court initially rejected the petition, but a month later the Supreme Court of Justice of the Nation disagreed with the criterion and quashed its sentence.

The Judgement

This was the main argument outlined by the court provincial authorities to substantiate the new judgment. “It turns out clearly it is clear that the resolution of the CSJN constitutes a binding criterion that must be respected by this court, so it is baseless any decision to the contrary that deviates from the position adopted by the highest court of the country in its capacity as supreme interpreter of the Constitution and laws enacted accordingly.”

The need to prevent further damage to the future and “the recomposition of environmental pollution already caused” by the neighborhood private. “The recomposition of the environment - returning things to their state - is imposed as the only possible solution,” explained the ruling. Also ordered pecuniary compensation.

Resolution

Specifically, the real estate project of the private neighborhood planned the construction of 445 lots, 200 departmental units and a 150 room hotel. The managers of the Altos de Unzué venture will have 180 days to dismantle the area and return the land to its state original. The Environmental Secretariat of Gualeguaychú will be in charge of the monitoring of their compliance.

Source: Télam

Publication Date: 15/11/2019

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