The estimated cost of the demolition works is 30 million pesos. Photo: special
The Government of Mexico City, through the Secretariat of the Environment (Sedema), and the General Directorate of Impact Assessment and Environmental Regulation (DGEIRA), ikicked off the demolition of the Tower located at Boulevard Adolfo Ruiz Cortines, number 3042, San Jerónimo Aculco neighborhood, Álvaro Obregón Mayor’s Office.
As part of the Environmental Damage Report number SEDEMA / DGEIRA / DEIAR / 002946/2019, the DGEIRA determined that Banca Mifel SA must carry out the restoration of the site, as well as the total demolition of the works and facilities associated with the project, consisting of the construction of an office building with 11 levels, under the sidewalk, with a construction area of 26,141.39 square meters (m2) and 18 levels above the sidewalk, with a construction area of 26,881,584 m2 ”, reported the authorities through a statement.
This indicates a total construction area of 53 thousand 22,974 m2, which represents 75 percent progress with respect to the complete project, with a investment of 402 million 51 thousand 855 pesos.
The head of the DGEIRA, Andrée Lilian Guigue Pérez, highlighted that the environmental damage ruling obliges the project developers to demolish the property in its entirety and pay just over 61 million pesos to the Public Environmental Fund of Mexico City.
It was never demonstrated, by the promoter of the work, that he had use of land that would allow him to do this type of work, in addition to the fact that he already had negative environmental issues for this project. Then, in addition to already having the refusal of the project, it builds without authorization, invades the federal zone, that is, the body of water; it did everything that no developer should do, which is precisely a whole series of irregular, illegal activities, ”he explained.
Guigue Pérez reported that the estimated cost of the demolition is 30 million pesos, which will be borne by the developer. In addition, he commented that 80 people are working in the place and the demolition process will take 60 days.
After a procedure before the Court of Administrative Justice of Mexico City, the appeal filed by those responsible for the works was rejected as untimely and given that the legal time established in the environmental damage ruling had already been met, it was agreed that DGEIRA carry out the demolition.
On July 4, 2019, Sedema issued a resolution, through which the demolition of said property was determined and the imposition of fines in the amount of 61 million 441 thousand 843.33 pesos. However, the legal representative of the developer promoted a nullity trial Against this determination before the Administrative Court of Mexico City, obtaining provisionally the suspension of the act, in order to continue with the construction.
Among the basic requirements that the company failed to meet is the absence of the Urban Impact Opinion, of the Manifestation of Environmental Impact and irregularities in the construction demonstration, among others.
In response, the Government of Mexico City initiated a legal strategy to exercise legal actions through administrative and criminal channels, in order to prevent construction work from continuing and possible acts of corruption that gave rise to the construction of the property.
For this reason, the Environmental and Territorial Planning Office (PAOT) presented demand for public action and a complaint Against whoever is responsible, as well as the Director Responsible for Work, Co-responsible, Builder, Legal Representative and / or Owner before the Special Prosecutor’s Office in Environmental Crimes and Urban Protection, starting the investigation folder CI-FEDAPUR / A / UI-3 C / D / 00427 / 03-2018; Likewise, an injurious lawsuit was initiated, through which the suspension was determined so that the construction work would not continue.
As a result of the capital government’s legal strategy, the Administrative Court of Justice determined lift the suspension granted in the nullity trial, as a result of the appeal resolution filed by Sedema, revoking the order that admitted the precautionary measure of suspension.
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