By Daniel Leff
Finally, after so many illegalities committed over the years by the Laderas company, the courts accepted the injunction presented by the neighbors (and backed by more than five thousand signatures) against the subdivision in the water sources that feed the El Bolsón area. .
In the Chamber of Appeals in civil, commercial and mining matters of the Third judicial district, Bariloche, judges Emilio Riat, Carlos Rinaldis and Gregor Joos ruled suspending ordinances 165/2016 and 194/2016 and the resolution of the municipal mayor 295/2016 , and prohibiting the execution of the works in the place.
This area has multiple legal protections: it is a municipal reserve NP6 Cumbreras de Mallín Ahogado, where, among other things, human settlements are prohibited. It is also a biosphere reserve declared by UNESCO.
In addition, the lands were ill-gotten in 2009, violating the Land Law 279/61, which grants lands only to residents who do not own lands in their name, and prevents their sale within five years of acquiring it, thus avoiding real estate speculation. In this case, the resident Mirta Soria, to whom these lands were awarded, already owned lands previously, and sold them to the president of the company six months after acquiring them (when said Law requires that it be done after five years).
The Perito Moreno Hill Ski Center Development project clearly explains in Laws 3358/00 and 4335/08 that the investment must be made through a tender in the land intended for this purpose, however, the company insists on tying a private lot on private land as a sine qua non for developing the ski center.
This illegal project did not even bother to comply with Law 3266/99 on the Evaluation of Environmental Impact Study: first the subdivision was approved and then they proposed to hold public hearings, doubly illegal for confusing a tender with a private plotting and also for asking after deciding. And since 2011, thanks to complicit local politicians and businessmen, the company tried by all means to continue with its project, fortunately with many sticks in the wheel that the people put it.
The decision of the Court of Bariloche suspends ordinances 165/2016 and 194/2016 and the resolution of the municipal mayor 295/2016, as had been requested in the amparo. In addition, it reinforces the measure of not innovating that the company has been violating since the ruling of the Superior Court of Justice of Río Negro on September 5, 2012 and declares the notation of Litis in the lands in question.
"It gives us a little air to get to the bottom of the problem," says Alejandro, a member of the Water and Earth Assembly. “It is incredible to think about everything we had to go through to get here. There were threats and provocations, when they burned the flag and Agostina was inside the tent that they sprayed with diesel, we had a lot of panic and anger. But that strengthened us as campers and I think it also strengthened our ties with the community, which helped us more every day. And so more than 10,000 people came out to the march and now they tell us that they accept the protection and more, "said Ariel, a member of the Acampe Pacífico y Popular en Defensa del Agua y la Tierra.
Now it is necessary to advance in the use of the lands in a truly sustainable way, such as a management plan for the place with the Mapuche communities. And of course celebrate, probably with another massive and historic march.
The Left Diary