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Denunciation presented/displayed in Office of the public prosecutor by the construction of an urbanization in the Golco
 FACTS:
First. - In the municipality of Alpujarra of the Mountain range, in the nucleus of the Golco, it is being come to the construction of an macrourbanization that supposes in volume several times the one of the primitive nucleus.
Second. - Such construction carries out promoter to it ADARVE OF PATRIMONIAL MANAGEMENT LIMITED LIABILITY COMPANY, according to says in the propaganda appeared in press.
Third. - This society has closed its leaf in the Mercantile Registry of Almeria by breach of fiscal obligations and lack of deposit of accounts.
Quarter. - This construction consists of six phases and of fourth - the three previous ones already are constructed to call Urbanization Property Monastery, the promoter is PROTUREX INVESTMENTS and REAL ESTATE MANAGEMENT S.L.
Fifth. - The proxy of both societies is D. Pedro Fernandez Andrés, being in addition the unique Administrator to second.
Sixth. - These enormous works are assumption earthworks that have been accumulated in the attached precipice.
Seventh. - It does not exist sewage system nor network of cleaning.
Eighth. - There is certainty of no necessary environmental no report given the magnitude of the work.
Ninth. - This construction is in nonurbanizeable land.
Tenth. - Neighbors of the place presented/displayed denunciation before the Provincial Delegation in Granada of the Public Work Council and Transports day 31 of October of 2003, and to date they have not obtained answer.
Eleventh. - The Service of Protection of Naturaleza (SEPRONA) of the Civil Guard, assures to have transacted the corresponding denunciations before Medio.ambiente day 23 of October of 2003 (nº of exit 291) and before the Hydrographic Confederation of the South, in the same date and with nº of exit 290. To date there is no answer.
By all the exposed one, and basing to us on the following legislation,
Law 7/2002, of 17 of December, City-planning Arrangement of Andalusia
Law 7/94 of Environmental Protection, Andalusia.
Law 1/97 art. 16 3,1º nonurbanizeable ground Constructions "..no will be able to be made other constructions that the destined one to agricultural operations that bear relation to the nature, extension and use of the property."
Law of Suelo and Urban Ordenacio'n
Article 178. Subject acts to license: Earthworks and construction new plant
Statutory law 10/95 of the Penal Code
Article 319.
2. The prison sentence of six months to two years will prevail, fines of twelve to twenty-four months and special incapacitation for profession or office per time of six months three years, to the promoters, constructors or technicians directors who carry out a nonauthorizeable construction in the nonurbanizeable ground.
3. In any case, the Judges or Courts, motivadamente, will be able to order, in charge of the author of the fact, the demolition of the work, without damage of the indemnifications due to third of good faith.
Article 320. 1. The authority or government official that, knowing its injustice, has favorably informed projects into construction or the concession of opposite licenses to the effective city-planning norms will be punished with the pain established in article 404 of this Code and, in addition, with the one of prison of six months to two years or the one of fine of twelve to twenty-four months.
In view of the denounced facts, basing to us on the exposed legislation and considering that previous administrative denunciations by the same causes have not served to correct this attack against the medio.ambiente,
DENOUNCEMENT
To the people in charge of the companies authors of facts ADARVE OF PATRIMONIAL MANAGEMENT S.L and PROTUREX INVESTMENTS and REAL ESTATE MANAGEMENT S.L, and to whichever civil employees they have caused by action or omission that has been arrived at the present situation.
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