“This resolution marks the end of the torture that the affected families have endured. They could already be calm before -since the Interior Reform Plan (PRI) was approved in 2018 to legalize the action – but with the new pronouncement of the Supreme Court it is confirmed that, both the houses and the construction licenses granted by the City Council, are completely legal ”, has indicated the mayor of Urbanism, Eduardo Timor.
This newspaper has also been able to learn, from legal sources, that the administrative file sent to the TSJ-CV by the Elda City Council does have the PRI’s economic sustainability report granted. Precisely, last July, the high court based on this lack to declare null the last PRI with which the La Jaud sector was regularized. In this way, the legal coverage of the legalization files of the 118 bungalows with a demolition order and the legal cause of non-enforceability of the judgment that agreed to the demolition was “fading”.
The council of Urbanism then asked the TSJ for a correction of the sentence ensuring that the financial report had been sent in the PRI file. The court has reviewed it and this week admitted its “error” because the document had indeed been delivered. The parties may from now on make the allegations they deem appropriate before the sentence is corrected.
It was in December 2018 when the City Council assured that it had put an end to the most serious urban problem in the city. The Local Government Board then approved the legalization of the 118 homes in the area of La Jaud on which a judicial demolition sentence had weighed for two decades. The PRI of this urban area has worsened since 1995, as the first construction and reparcelling licenses were granted in the area. A procedure that confronted the neighbors and they, in turn, with the City Council. In the process, the courts entered the fray and one after another they discarded possible solutions that have been given over the years and the Corporations to this urban conflict. None of them, so far, had enjoyed the approval of all parties. And so, both the Supreme Court and the Supreme Court ruled them out. A litigation that was already finished from 2018 until the new sentence of July 9. It was precisely on that date, as this newspaper announced, when the Administrative Litigation Chamber of the TSJ-CV declared the last PRI of the City Council null and void. However, with the correction accepted this week by the high court following the request of the government team, the legalization files of the 118 homes on which the demolition order weighed again obtain legal coverage.
Three years of negotiations to reach an agreement
The PRI of La Jaud – covers 322,000 square meters – was approved in a plenary session in March 2018 after three and a half years of complicated negotiations with the affected owners who, finally, managed to make the new plan consider 90% of their requests. However, the residents of the area who have been lengthening the litigation with their claims have felt harmed from the first moment. They maintain that they obtained licenses in accordance with the Law but, with the PRI, the City Council has favored the owners of the houses that were built with null licenses.
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.