Boletín 448

As a result of class action brought by the Attorney General, Department of La Guajira will rehabilitate one of its main roads

Fuente: PGN
Fecha Publicación:

Under the class action brought by the Attorney General's Office, the Administrative Court ordered the department of La Guajira La Guajira start within 60 calendar days and formalities necessary steps to rehabilitate and improve the road from Florida to Cuestecitas.

It was found that the current state of that section is out of the national standards of a road in top condition for the safe and normal traffic on it.

Consequently, as noted by the Attorney filed the class action, the department cited actually violated the collective rights related to the enjoyment of public space and the use and protection of public goods and the right to safety and prevention technically foreseeable disasters and pointed out the road section.

The ruling states that when this class action filed by the National Institute of Concessions (INCO) and did not hold title to the administration of this pathway, and therefore he was entitled to respond to threats or vulnerabilities that come off the wrong current state of the road, in this case is the department of La Guajira, as from 17 February 2011 (four days before he filed this class action) had resumed the administration of this stretch of road.

In that sense, it was established that the INCO temporarily administered the designated stretch of road while repairs were carried out and asphalt pavement, under an inter signed between the agency and the department, but the administration was restored, as already mentioned, at the time you sign the minutes of delivery and return of works of this road the little hill of the agreement, Florida in February 2011.

Additionally, the Court would have shown a possible detriment heritage, because under that administrative agreement would have been invested in this way a sum in excess of $ 3,700 million pesos in maintenance of approximately 30 percent of the area to intervene, and indicated that "the 34 miles of this road are passable in acceptable conditions," which was undermined.

Therefore, the Administrative Court ordered La Guajira, in its judgment, collate copies of this decision to the Comptroller General's Office, Attorney General's Office and the Attorney General's Office.

 

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