The Supreme Court of Justice of the Nation (SCJN) invalidated several key points of the Municipal Program for Territorial, Ecological Planning and Sustainable Urban Development (PMOTEDUS) of Tulum.
The Second Chamber of the Court made this decision when resolving Constitutional Controversy 68/2021, presented by the Presidency of the Republic against the PMOTEDUS approved in 2021 by the municipal administration of Víctor Mas Tah, who is currently a councilor after losing re-election in the 2021.
The program was designed to prioritize real estate development over the environment and violated federal laws.
The PMOTEDUS was promoted by former Governor Carlos Joaquín to generate a large real estate business in various cities of Quintana Roo, including Tulum.
One of the central points that led to the controversy was the fact that the PMOTEDUS affected four Protected Natural Areas (ANP) without the opinion or intervention of the Secretary of the Environment and Natural Resources of the Federation (SEMARNAT), as required by law.
The ANPs in question are the Tulum National Park, the Sian Ka’an Biosphere Reserve, the Sian Ka’an Reef Biosphere Reserve and the Mexican Caribbean Biosphere Reserve.
The PMOTEDUS included eight Sustainable Territorial Management Units (UGTS) around these ANPs, and the Court confirmed that the municipality of Tulum never summoned SEMARNAT to be part of that Program.
Consequently, the Court declared the invalidity of the PMOTEDUS for these UGTS and ordered the City Council to convene SEMARNAT to redo them.
Source: Palco Quintanarroense