For almost a year after being issued in the county of San Rafael de Heredia, the "Declaration of Big Stone", the Constitutional Chamber of the Supreme Court disclosed the SO of Judgement No. 12437-09 , through which obliges local authorities of that county to halt all building permits issued by the municipality:
"... until therefore not carried out extensive hydrogeological assessments, hydraulic,
hydrogeological and environmental impact studies to determine that such
projects do not impact water resources and watersheds in accordance with the Map
Hydrogeological Vulnerability and Delineation of Aquifer Protection Zones
in watersheds of the rivers, Plums, Second
Bermudez, Tibás "
will be recalled that on 8 September 2008, thousands of rafaeleños signed and delivered to the Local Government of the said county "DECLARATION OF BIG STONE, in which content express the opposition of the residents of San Rafael, San Josecito , Barrio Santiago, Los Angeles and Conception, object to their districts to be used for the relocation of precarious settlements from other municipalities.
Although this statement made it clear his support and solidarity towards those bills aimed at strengthening social programs for the provision of housing for people destitute and in poverty, their subscribing justify the inconvenience of their host communities become project urban or residential high concentration, above the grave rie sgo of pollution that you generate to aquifers: Barva, Colima Colima Superior and Inferior, running through the basement of their canton.
this because it is technically proven que la construcción, en pequeños lotes de este tipo de viviendas, así como la respectiva instalación de sistemas de tanques sépticos individuales, podría vulnerar -de manera irreversible- las zonas de recarga y descarga acuífera , debido a la relativa baja profundidad que presenta el nivel freático de aquellos acuíferos y a la alta permeabilidad que del suelo rafaeleño, lo cual afectaría las fuentes de agua que actualmente alimentan a la mayor parte de nuestra provincia y a amplios sectores del Valle Central.
En el punto onceavo de la "Declaración de Piedra Grande" del 2 de setiembre del 2008, los rafaeleños acordaron:
11. "...
raise Amparo Resources necessary to avoid
housing project put in danger of serious and irreversible damage
Barva aquifer, Colima Colima Superior and Inferior currently supply not only all cantons
heredia you the ridge south of the Central Volcanic Cordillera,
but also a part of the canton of Alajuela and a large part of San Jose,
all in accordance with the Precautionary Principle Environmental Law, or
" indubio pro natura "recognized by the United Nations Conference on Environment and
Development and reflected in the votes of the Sala IV, No.
1250-99, No. 9773-00, No. 1711-01 and No. 6322-03.
In response to this compromise, cantonal, and to protect their water sources, the people respect and rafaeleño was filed against the local authorities themselves a writ of amparo for the granting of building permits various contradicted not only their own municipal regulations, but also the spirit of that Declaration of Big Stone. "
of amparo was declared by the SalaIV place, and then transcribed, THEREFORE, for the decision:
Vote
Constitutional Court No. 12437-09
(Status: is currently in the process of collecting signatures Vote)
THEREFORE
place is declared to action for violation of Articles 27, 41 and 50
of the Constitution, and accordingly: a) suspending all
building permits issued by the Municipality of San Rafael de Heredia
discussed in this appeal pending not made comprehensive assessments
hydrogeological, hydraulic, hydrogeological, and environmental impact studies
to determine that such projects do not impact water resources and watersheds
under Hydrogeological Vulnerability Map and
Delimitation of Aquifer Protection Areas in the watersheds of the rivers,
Plums, Second, Bermudez, Tibás and the Federation of
the municipalities of Heredia, adopted by the City Council of San Rafael de Heredia
Regular Session # 11-2006 of June 7, two thousand six, b) is ordered to
Alberto Vargas Esquivel, Mayor of the Municipality of San Rafael
Amable de Heredia and Valverde Corrales, President of the Council of the Municipality of San Rafael de Heredia
, or those in their places exercise such responsibilities, under penalty of disobedience
on non-renewable period of eight days from the date of notification
this ruling, meet and communicate
efforts made by the appellant on 18 June, two thousand seven, the four
April, two thousand eight, 30 June, two thousand eight, thirty
July of two thousand eight and 11 August, two thousand eight.
are cautioned Alberto Vargas Esquivel, Mayor of the Municipality of San Rafael de Heredia and Amable
Valverde Corrales, President of the Council of the Municipality of San Rafael
de Heredia, which does not comply with the orders issued in this Case
be guilty of the crime disobedience which, in accordance with Article 71
the Constitutional Jurisdiction Act, punishable by imprisonment
three months to two years or twenty to sixty days fine
who receives an order that must implement or enforce given in an appeal and not
or enforce compliance, if the offense is not more severely punished.
sentence is the Municipality of San Rafael de Heredia to pay the costs, damages and losses caused
the facts underlying this declaration, the
to be settled on execution of administrative litigation.
presents notified this decision to Alberto Vargas Esquivel, Mayor
Municipality of San Rafael de Heredia and Amable Valverde Corrales, President
the City Council of the Municipality of San Rafael de Heredia, or who occupy these positions
personally.
