SUBSTRATION OF FOREST RESERVE AREAS: COURT REVOKES RULING THAT ORDERED THE SUSPENSION OF RESOLUTION 110 OF 2022
The Superior Court of the Judicial District of Bogotá, in a ruling dated on the 3rd of May, revoked the Constitutional Protection (tutela) ruling dated March 11, 2022 that, in the first instance, had ordered the provisional suspension of Resolution 110 of 2022 of the Ministry of Environment and Sustainable Development (MADS), “whereby the activities, requirements and procedure for the subtraction of area of national and regional forest reserves for the development of activities considered of public utility and social interest are established and other provisions are enforced”.
The Court concluded that the Ruling must be revoked as the Constitutional Protection (tutela) action on which the ruling was based is inadmissible. The foregoing because, in the opinion of the Court, the first -instance judge ignored that Resolution 110, as a general act, “does not create, modify or suspend a personal right”, and that, therefore, it is not possible to challenge the legality thereof by way of the Constitutional Protection (tutela) action, evading the ordinary mechanisms.
