Judge Andrés Gallardo decided this Thursday suspend the sale of 86 hectares of public lands in the City of Buenos Aires. The lots belonged to the Nation and were transferred to the City, by agreement, during the presidency of Mauricio Macri.
It is about the suspension of properties of the Carlos Mugica neighborhood (former Villa 31-31bis), the Salguero triangle, railway beaches in Villa Crespo and those belonging to former Finance Market. The judge of 1st Instance in Administrative and Tax Litigation, Andrés Gallardo, warned in his ruling that the mandatory public hearings or the double reading procedure to sanction this law were not complied with, ordered by arts. N ° 89 subsection 4 and N ° 90 of the Constitution of the City.
The amparo appeal had been presented by the Observatory of the Right to the City (ODC), the Chair of Community Engineering – FIUBA (CLIC), IPYPP and the Ombudsman’s Office. The plaintiffs had also argued that the law “does not respect citizen participation required by the Urban Environmental Plan for the management of the City’s Land and Real Estate Bank.”
In 2018, the lands that make up the 86 hectares were in the hands of the national State were transferred by agreement to the City in exchange for the management of Rodríguez Larreta taking over the financing of the last stage of the work of the Paseo del Bajo, which links the Buenos Aires-La Plata highway with the Illia highway. Nación had taken on a debt of 400 million dollars with the Andean Development Corporation (CAF), and in turn asked Ciudad to absorb part of that debt and take over 175 million dollars.
“With this project what it is showing is the strong will to free up the largest amount of land to sell it for real estate speculation,” denounced the lawyer Jonatan Baldiviezo, head of the Observatory for the Right to the City.
The discussion about public lands in the city of Buenos Aires is not new. At the beginning of the year, President Alberto Fernández ordered an investigation into the land transfer agreements to the City signed by Macri at the end of his term, since he considered that the Fiscal Responsibility law had been violated and that public assets had been compromised.
It is a total of 31 deeds corresponding to railway beaches and plots located in Caballito, Palermo, Belgrano and Liniers and the concession of the spaces under two viaducts, the Miter and the San Martín, in addition to the Paseo del Bajo, which would have a approximate fiscal value of 16 billion pesos.
But that is not all. In October The Buenos Aires Legislature approved the project promoted by the City Government for the urban rezoning of the properties of Costa Salguero and Punta Carrasco.
The initiative provoked the reaction of social and environmental organizations that mobilized with the cry of “parks yes, towers no” to prevent the sale of the land. At the same time that a court ruling gave rise to an amparo action.
The decision of what will happen to these lands will be known towards the end of January 2021, when the public hearings end, of which about 250 speakers will participate, most of whom are opposed to the fact that in the Buenos Aires property, together with La Justicia, ordered to suspend the sale of 86 hectares of public lands in the city of Buenos Airesrío allow the construction of luxury buildings of up to 10 floors.