What will happen to the 53 hectares of protected area in Holbox legally claimed by a private company?

The Ministry of Environment and Natural Resources (Semarnat) lost an injunction (amparo) trial against the company Península Maya Developments, which voided an agreement that would allocate 53.8 hectares of the Big Island in Holbox, to the National Commission of Protected Areas (Conanp).

The Semarnat published in the Official Gazette of the Federation (DOF) of January 2, 2020, the annulment of an agreement of May 2, 2016, which destined to the Conanp 53.8 hectares of the federal land maritime zone, located in that region of the Yum Balam Biosphere Reserve.

Semarnat informed that the agreement determined that this area would be allocated to Conanp for its protection, for which reason the developer filed indirect injunction (amparo) 548/2017 for considering that the property right was being violated.

The publication mentions the numbers of the 63 affected plots, all located in zone one of the Holbox Ejido.

Against the veredict pronounced by the Seventh District Court in the state of Quintana Roo, Peninsula Maya Developments promoted the appeal for review, which was resolved on July 3, 2019 by the Second Chamber of the Supreme Court of Justice of the Nation, in the injunction (amparo) in revision 226/2019.

Given this situation, Semarnat published three agreements on the DOF, dated January 2, 2020, which leave the agreement of May 2 unsubstantiated, in cases where there is an overlap with the plots of the Mayan Peninsula and the Conanp; that the protection agreement for the rest of the surface remains in force, and that the General Directorate of the Federal Terrestrial Maritime Zone and Coastal Environments, within the scope of its attributions, “monitor the strict compliance with the agreement”, which entered into force at the moment of its publication on the DOF.

The Yucatan Times Newsroom with information from The Riviera Maya Times



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