The Mayan Peninsula Developments firm challenged an agreement that protected 53.8 hectares of Holbox because land owned by it was included.
The Ministry of Environment and Natural Resources (Semarnat) left without effect an agreement that allocated 53.8 hectares of the Big Island, in Holbox, to the National Commission of Protected Areas (Conanp), for “overlapping with plots of the Maya Peninsula Developments company. ”
In the Official Gazette of the Federation of January 2, Semarnat publishes that it terminates the agreement of May 2, 2016, which allocated 53.8 hectares of the federal land maritime zone to Conanp, located on the Big Island, Holbox, because part of that area overlaps with 63 plots of the company “Peninsula Maya Developments”.
Semarnat informed that the agreement determined that this area would be allocated to Conanp for its protection, for which reason the developer filed indirect protection 548/2017 because it considered that her property right was violated.
The publication mentions the numbers of the 63 affected plots, all located in zone one of the Holbox Ejido.
Against the judgment pronounced by the Seventh District Court in the State of Quintana Roo, Península Maya Developments, SA de CV, 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 Amparo in Revision 226/2019.
Given this, Semarnat published three agreements in the Official Gazette of the Federation, 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 from its publication.
The Mayan Peninsula is owned by Fernando José Ponce Díaz, owner of Grupo Bepensa, with a presence in 27 states. In 2014, he withdrew from Semarnat the request to obtain the Environmental Impact Manifestation of the tourism project “La Ensenada”, which he intended to build on the island of Holbox, as a protected area.
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