Reach (EFE) .- The City of Alcanar must compensate with 1,068,769.03 euros to the developer Turov , who built the 32 illegal apartments in the urbanization Serramar , now in the process of demolition, before January 1. This has been determined by the Contentious Chamber of the Superior Court of Justice of Catalonia (TSJC) in a ruling handed down on October 13 and notified to the parties on October 26, to which Efe has had access.
This amount corresponds to the damages claimed by the promoter for the 8 apartments that he did not sell to third parties, after the nullity, decreed in 2006, of the planning license -Turov had come to claim up to 6.7 million to the City Council -.
The ruling of the TSJC considers that “the so dysfunctional and unlawful administrative action has been clearly harmful and effectively producing real and effective damages.” He adds: “We can say that the houses are still in reality, but what must be taken into account is that they are called to be, as soon as possible, demolished and eliminated from that reality.”
The judgment does not admit appeal for cassation before the Supreme Court, so it is firm and considers that the compensation for damages should be paid to the promoter “within 2 months” from the receipt of the communication of the sentence.
Taking into account that it was communicated on October 26, the deadline would end on December 27. Otherwise, the legal interest shall be paid plus 2 points.
“The biggest handicap”
At a press conference, and accompanied by his entire government team, the mayor, Alfons Montserrat (ERC), acknowledged the seriousness of the situation. “It is the biggest handicap Alcanar City Council has had and will probably have in a long time, which will not only mortgage this mandate, but also the next years of the immediate future of our people,” he lamented.
Foreseeing possible claims, the consistory made an early repayment of credit for a value of 1.2 million euros, which “can give a certain room for maneuver to face this future that we have before”, according to the mayor. However, Montserrat has stated that they are currently studying loan modifications or some type of loan.
As indicated, the municipal investments planned for this 2015 are not in danger, but has acknowledged that this compensation to Turov will “condition” in 2016.
Everything indicates that the compensation for damages that the City Council will pay Turov is only the beginning of a trickle of property claims to which the City must respond in the coming years.
Although Turov SL was the first to initiate the procedure, at this moment there is already a resource from one of the owners to the administrative dispute in Tarragona. And, administratively, prior to the judicial claim, the City has already received a fortnight of claims from the rest of the owners of the 24 apartments sold.
“It is not about calling bad weather, but it is not bold to think that in a more or less immediate future we can have a faster or slower trickle of claims”, Montserrat has admitted.
As for the demolition process, the City Council has already tendered the project, now in the drafting phase, and hopes to have it finished in order to begin the bidding process of the work.