A new chapter began to be written in the controversial award of the contract for the execution of the Cartagena Port Corridor project, known as Quinta Avenida de Manga, after the Eighth Administrative Court of the Cartagena Circuit admitted a popular action presented by the District in against the contractor.
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The judge revoked the decision issued on November 16, 2021, by which it inadmissible the popular action lawsuit filed by the District against KMA Construcciones SAS and KMA Concesiones SAS, and, instead, proceeded to admit the lawsuit accepting the arguments presented by the defense of the district administration in the appeal for reconsideration presented by the Legal Advisory Office.
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With popular action, the Mayor’s Office intends to protect the collective right to administrative morality, the defense of public assets and the general interest.
The examining judge, after reviewing the arguments again, pointed out that there is an imminent danger that could threaten or violate the collective rights of Cartagena.
(Read: “We are willing to reconcile”: KMA Construcciones to William Dau).
In the admission order, the judge states: “Once the factual and legal grounds of the present lawsuit have been reviewed again, the Office warns that in effect there is an imminent danger of irremediable damage occurring, against the collective rights of the Cartagena citizenry, since According to the award resolution No. 9217 of December 16, 2019, the value of the contract resulting from the public-private association of private initiative “Cartagena port corridor”, will have a cost of One Billion Nine Hundred Ninety Two Thousand Eight Hundred Forty Million Seven Hundred Ninety-Nine Thousand One Hundred Ninety-Four Pesos ($ 1,992,840,799,194.oo) ”.
“That is, in addition to paying all that money, which comes out of the public treasury and is collected with what the people of Cartagena pay in their taxes and contributions; The possibility of creating more tolls that affect people’s economy is also at stake, and in the face of the notorious discontent of citizens over the permanence of existing tolls, it is clear that they would be facing irreparable damage ”, he concludes Judge.
The Mayor’s Office emphatically warns that the concession contract awarded to KMA by the administration on duty in 2019, through Resolution 9217 of December 16, 2019, violates the collective rights to administrative morality, the defense of public patrimony and the interest general. Therefore, it requests that contractual, administrative, financial and technical legal measures be adopted to prevent the violation of these rights.
“The existing payment of tolls is rejected by the citizens and it is national knowledge that the Cartagena population has manifested itself in the sense of not being willing to continue paying tolls, and the will of the people is above private interests. The general interest must prevail even when the acts that led to the award of the concession are covered by legality. This must be taken into account when dealing with the violation of collective rights such as administrative morality, ”the District warns in the lawsuit.