AguakanS Lawsuit Against Concession Revocation Rejected by Quintana Roo Judge
CANCÚN, Q. ROO – A Quintana Roo judge has denied a lawsuit filed by desarrollos Hidráulicos de Cancún S.A. de C.V. (Aguakan), which sought to overturn the state congress’s decree revoking its concession for water and sewage services in several municipalities.Judge Mario Fernando Gallegos León ruled the concession revocation legal, citing environmental concerns and breaches of contract by the company.
Environmental Concerns Take Center Stage in Aguakan Ruling
The court decision emphasized a jurídico-environmental perspective, noting that evidence presented by the Congress demonstrated Aguakan’s failure to maintain optimal hydraulic infrastructure. Inspections revealed contamination of the water table and the Nichupté Lagoon due to the negligent mixing of sewage, leading to environmental damage, according to court documents.
Court upholds State Congress Authority in Concession Matters
A central argument by Aguakan, claiming the state Congress lacked the authority to revoke the concession, was dismissed. Judge Gallegos referenced Supreme Court jurisprudence supporting state legislative intervention in concessions exceeding municipal terms, as is the case with Aguakan’s extension to 2053.
Past Benefits Estop Aguakan’s Challenge to Decree
The ruling stated that Aguakan could not challenge Decree 195 after having previously benefited from similar decrees issued by the same legislative body. The judge invoked the principle that “no one can allege their own fraud for their own benefit,” as Aguakan accepted some decrees while rejecting others from the same legislative process.
Reversion of Assets and Examination of Funds
Aguakan’s claims of asset reversion without indemnification were deemed unfounded. The court clarified that Decree 195 does not stipulate asset reversion without due process or compensation. Furthermore,the decree calls for a special commission to investigate the use of over one billion pesos paid for the concession extension,which allegedly were improperly transferred to state government accounts. the commission would determine duty for public officials and private parties involved in possible crimes.
Ruling Sets Precedent for Public Service Concessions
the legal decision establishes a precedent in the judicial treatment of public service concessions tied to natural resources. It prioritizes environmental considerations over purely commercial or administrative aspects and reaffirms the state congress’s authority in these decisions.
Aguakan Can Appeal, But Contingency Plans in Place
While the resolution is not final and Aguakan can appeal, Decree 195 outlines procedures for the immediate transfer of services, assets, and resources to the Comisión de Agua potable y Alcantarillado del Estado de Quintana Roo (CAPA) should aguakan ultimately lose the legal battle. This would ensure continued service in Benito Juárez, Isla Mujeres, and Solidaridad municipalities.
What investigations are underway regarding the funds Aguakan received for the concession extension?
Aguakan Lawsuit: Your Questions Answered
Following the Quintana Roo judge’s rejection of Aguakan’s lawsuit, here’s a breakdown of the key issues in an easy-to-understand Q&A format:
Frequently Asked Questions
Why was Aguakan’s concession revoked?
The revocation was primarily due to environmental concerns. The court found that Aguakan failed to maintain proper infrastructure,leading to water table contamination and damage to the Nichupté Lagoon. this includes the negligent mixing of sewage.
Trivia: The Nichupté Lagoon is a significant body of water in Cancun, vital to the local ecosystem and tourism.
Could the state congress legally revoke the concession?
Yes. The judge ruled that the state congress *did* have the authority to revoke the concession. The ruling cited Supreme Court precedent that supports state legislative intervention in concessions that extend beyond municipal terms, which was the case with Aguakan’s extension to 2053.
Advice: This ruling highlights the importance of understanding the specific legal framework governing concessions, especially in cases involving long-term agreements.
What about Aguakan’s claim of asset reversion without compensation?
The court dismissed this claim. The decree doesn’t stipulate asset reversion without due process or compensation. Additionally,the decree created a special commission to investigate the use of over one billion pesos paid for the concession extension and to determine duty for public officials and private parties involved in possible crimes.
Insight: The inquiry into the funds underscores the complexity of the situation and the focus on financial accountability.
What happens now? Can Aguakan still fight this?
Yes,Aguakan can appeal the decision. However, if they ultimately lose, Decree 195 outlines a plan for the immediate transfer of services, assets, and resources to CAPA, ensuring continued water and sewage service for the impacted municipalities (Benito Juárez, Isla Mujeres, and solidaridad).
Tip: Keep an eye on news from Quintana Roo for updates on the appeal’s progress and the ongoing investigation.
What does this ruling mean for other public service concessions?
It sets a precedent, prioritizing environmental concerns and reaffirming the state congress’s authority in matters of public service tied to natural resources. This could influence future decisions regarding other concessions in the region.
Fun Fact: This case highlights the growing global trend of prioritizing environmental sustainability in infrastructure and resource management.
This ruling is a significant progress. Stay informed as the legal process continues and the future of water and sewage services in Quintana Roo unfolds.
