Judge ruled in favor of the company, in case of land dispute in the Montañita commune

The Manglaralto judge, Diego Moscoso Cedeño, granted a protection action in favor of the Raquilsa company, which claims to be the owner of a piece of land in the Montañita commune where the Municipality of Santa Elena built a pumping station.

“All work of social interest, even when using public resources, must precede the declaration of public utility, which has not been complied with by the GAD of Santa Elena, resulting in a violation of the right to due process,” said the magistrate in the resolution, issued on December 1.

Due to this omission, the judge also ordered – as comprehensive reparation – that the council issue the declaration of public utility of the property, in conflict for six years with the leaders of the Montañita commune, who also claim ownership of the same land.

The defense of the council and the commune appealed the ruling, on December 7, and this case went to the next instance: to the Provincial Court of Justice. There, the magistrates will have to ratify or rectify the protection action.

“Private property has been respected, we hope that (in the Provincial Court) the law will be complied with,” commented a spokesperson for the firm, which bought in 2005, from the CFN, and in 2014, from another company, the properties that in principle they belonged to a man since 1945, according to the records of that property.

Hearing of protection action, in case of sanitary work carried out in a property in conflict in Montañita, it was suspended due to challenge against judge

While the council’s lawyer, Carlos Pesante, said: “It has not been justified whether or not the alleged property of the company Raquilsa SA has been affected, so this action is inadmissible and inadmissible”, in the statements that appear in the Judicial process.

In part of the land, the municipal contractor installed the sanitary network of the pumping station underground and, on the surface, a white painted construction can be seen. This work was carried out before the protection action, requested by the firm on July 19, was resolved.. In other words, it took about five months for a favorable opinion to be given to the company.

Due to this alleged delay in the processing of this measure, the leadership of the Santa Elena Judiciary Council opened an investigation in September against the two judges of Manglaralto. (I)

Detail:

The Municipality of Santa Elena authorized the construction of the enclosure of the property to the company, when the municipal contractor was executing the sanitary work.