On Tuesday, December 23rd, the Hojancha Municipal Council was presented with a document sent by engineer Mauricio Salon, from the department of real estate acquisition of the Ministry of Public Works and Transportation (MOPT- Ministerio de Obras Publicas y Transportes), which indicated that work on the Hojancha- Lajas route is in the phase of acquiring the right of way.
The document from Salon indicates that an agreement should be reached with the owners of the properties through which the route passes the respective expropriations should be made.
“The maintenance project for National Route 158 from Hojancha to Lajas is currently in the right of way acquisition phase. This process is performed by MOPT’s department of real estate acquisition. Once they have the lands required to do the road infrastructure work, the project can proceed to the construction phase,” the text indicates.
According to Hojancha’s mayor, Eduardo Pineda, for many years they have been waiting for this route to be repaired; however, responses were negative from the former regional head of MOPT, Julio Viales.
“We hope that this is firmed up during the first weeks of January. This was the response we had hoped for from the previous regional head (Julio Viales). We’ll see if this can be accomplished now with the new head (Rodolfo Correa),” Pineda said.
For her part, Nery Arias, president of the council, showed satisfaction but affirmed that it is very important to pressure them.
“I think it’s important that the mayor contact the engineer, Salon, so that he explains the process to him and explains when they would be starting the work,” Arias indicated.
Legislator from Hojancha Asks CONAVI to Demand Funds for Road Repair from Ministry of Finance
Likewise, the Hojancha council was presented a document issued by Legislator Juan Marin, in which he requests that CONAVI enforce a 2006 ruling by the Constitutional Court.
At that time, a group of Hojancha residents, led by Marin and the mayor of Nandayure at the time, Luis Gerardo Rodriguez, filed a constitutional appeal against the Ministry of Finance, appealing that the ministry retains part of the money from the so-called specific funds to CONAVI to fix the roads in both cantons.
On June 16, 2006, the Constitutional Court sentence number 08565 ordered the following:
“The appeal is declared to have grounds in accordance with article 50 of the Law of Constitutional Jurisdiction: it prevents recurrent servers (Ministry of Finance) from not incurring future acts or omissions that would give credit to upholding the appeal. The State is sentenced to pay costs and damages liquidated in the execution of the sentence from the administrative contentions court.”
According to Marin, just as it is the duty of the Ministry of Finance to comply with the verdict, in the same way CONAVI is responsible for enforcement.
“The National Roadways Council will be responsible both for their actions as well as for their omissions, hence it is compelled to execute the constitutional order, requiring it from any ministry and brandishing (demanding-ordering) in any instance the right declared by the court ruling since the existence of fundamental rights that cannot be subverted are deduced based on it without the possibility of further discussion,” Marin indicated in the document.
According to the legislator, the integration of these appeals would allow routes like Hojancha-Lajas to be repaired with asphalt, Hojancha- Monte Romo with gravel and asphalt, along with Route 902 Hojancha- Finca Florida and about eight routes in Nandayure.