La Jornada – Judge annuls three suspensions against Tren Maya; the works can continue

The federal government will be able to continue with the works of the Mayan Train. Judge Adrián Fernando Novelo Pérez, head of the first district court with residence in Yucatán, revoked three definitive suspensions that he granted, among them to the civil association Defending the Right to a Healthy Environment (DMAS), and to inhabitants of the municipality of Solidaridad, Quintana Roo, which paralyzed the works of Section 5.

Javier May, general director of the National Fund for the Promotion of Tourism (Fonatur), pointed out on his Twitter account that the judge annulled the definitive suspensions of the amparo trials 884/2022, 923/2022 and 10003/2022 that there were about said said section that includes Cancun to Tulum in Quintana Roo.

Even the head of Fonatur put a paragraph of the decision of the imparter of justice where: “For this reason, as has been indicated, the definitive suspension of the claimed acts that was granted to the complainant ceases to have effect and therefore, the authorities Those responsible may start or continue the respective authorized works with respect to said section five south”, the agreement states.

For his part, the coordinator of Social Communication and Spokesman of the Presidency of the Republic, Jesús Ramírez, also reported the revocations on Section 5.

Through social networks, he stated: “Judge of Mérida revoked three “definitive suspensions” of amparos 884/2022, 923/2022 and 1003/2022 of Section 5 South of the @TrenMayaMX. He considered that the established conditions were met. Thus the work continues @TrenMayaMX respecting the law and the environment”.

Along with the processing of these injunctions, the federal government had announced the resumption of the works, stopped by legal resources, after declaring the project as one of national security.

After that, the first district court, based in Yucatan, requested a certified copy of the decree from the federal government.

In this regard, Judge Adrián Fernando Novelo Pérez indicated that the federal authorities may initiate or continue the works.

The ruling of the togado was determined after, at the end of July of this year, the General Directorate of Environmental Impact and Risk of the Ministry of the Environment and Natural Resources (Semarnat) notified that Fonatur and Fonatur Tren Maya, complied with the conditions that established them as compliance prior to the start of the works and activities of section five, specified in the authorization of the Environmental Impact Statement (MIA).

In addition, said address announced that the processing of the bond corresponding to two years of work, issued by the Insurer Aserta, was also accredited through bond number 1014-33131-3 of July 28, corresponding to the period of July 28 from 2022 to July 26, 2024, covering the amount of 188 million 343 thousand 724 pesos.

“In relation to condition number two, the requesting authorities for the environmental authorization in question, accredited the processing of the bond corresponding to two years of work, issued by the Aserta Insurance Company, Variable Capital Stock Company, Aserta Financial Group, through bond No. 1014-33131-3 dated July twenty-eight, two thousand and twenty-two, corresponding to the period from July twenty-eight, two thousand and twenty-two to July twenty-seven, two thousand and twenty-four, covering the amount of $188’343,724.60 pesos, currency national (one hundred and eighty-eight million, three hundred and forty-three thousand, seven hundred and twenty-four pesos, with sixty cents, national currency)” states the file.

The Dmas organization promoted the demand for guarantees on April 5. Among the acts that it claimed were the “permits, authorizations and works that lead to the planning, execution, and development of activities in Section 5 of the “Maya” project that covers Cancun to Tulum North of the state of Quintana Roo.” Likewise, the violation of articles 14 and 16 of the Mexican Constitution.

At that time, the civil association said that the suspension was granted so that Sedatu, Fonatur and Fonatur Tren Maya suspended or paralyzed any act that had as its purpose the continuation –in the material execution– of the construction of Section 5 of the Mayan train project.

Likewise, the promoters of the resources indicated at the time that they were aware that the original layout of section five was modified at the last minute and stated that this was the result of a lack of planning, knowledge, precaution and studies related to the soil that prevails in the area, as well as the lack of environmental impact studies. They added that according to the “preliminary outline”, the project will cross underground rivers, as it runs from north to south and the underground rivers run from west to east.

But not only that, they also argued that there was a deforestation that began in Playa del Carmen, Río Secreto, Akumal and Tulum, without studies on the type of soil, without rescue of fauna and flora and without the manifestations of environmental impact.

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