The waterfront Malecón in San Antonio Tlayacapan is in danger of mutilation, deriving from a demolition order emitted by the National Water Commission (Conagua) in January of last year.
The Chapala municipal government appears to have lost its legal battle to reverse the Conagua decision, following a ruling issued on February 7 by Mexico’s Supreme Court.
Attorneys representing the local government filed a constitutional controversy, arguing that the promenade and linear park developed during two previous administrations are public areas that benefit the local population and visitors and do no significant harm to Lake Chapala. But Justice Laura Patricia Rojas Zamudio sided with Conagua, validating the agency’s resolution as the authority responsible for administrating federal zones adjacent to the nation’s bodies of water.
Abelardo Martínez Ayón, a constitutional lawyer retained as a legal advisor to the city, labeled demolition order as “the height of absurdity” since the project was approved by Semarnat, the federal environment ministry under which Conagua operates. Further, the federal government covered a large share of the costs. “Now they intend to destroy something paid for out of public funds,” he exclaimed.
Since the city has not yet received official notification of the Supreme Court decision, it remains unclear which exact section and dimensions of the construction may have to be torn down. Chapala authorities do have a notion that the order targets new additions built during the last administration, specifically a foot bridge that spans an inlet at the east end and the observation desk for birder watchers to which it connects.
With further legal tactics now out of the question, city officials maintain hope of negotiating with Conagua for a reversal. Their strongest arguments are the agency’s allowance for construction of more intrusive Malecon project in other localities and failure to take action against private property owners who have built dozens of structures in the federal zone.