Scheduled to be completed in 2025, line 6-Orange of the São Paulo subway, which will connect the North Zone to the central region of the city of São Paulo – and where an accident on a construction site caused a piece of Marginal Tietê, a of the city’s main roads, collapsed -, is already being implemented, with expropriations of properties carried out and works in progress.
However, a real estate project near the future Sesc Pompéia station, in the West Zone of São Paulo, is being built and may make the construction of the tunnel at that location unfeasible. At the moment, a court decision prevents the work, but real estate sales continue to be made in stand of the enterprise.
In November last year, the Commission for Monitoring Concessions and Permissions of the Metropolitan Transport Department of the State Government of São Paulo sought the Municipal Department of Urban Planning and Licensing to ask the agency to suspend the New Building Approval Permit for the construction of a condominium being implemented by Pouliche Empreendimentos Imobiliários, owned by EVEN developer, at Rua Venâncio Aires.
In the communiqué that CNN had access, it is explained that the company was duly informed of the location of the future Line 6-Orange tunnel and, even so, would be insisting on the construction of the real estate project that, according to the secretary, will directly impact the implementation of this stretch of the subway.
“This fact limits the displacement of the tunnel that will pass under the real estate development site, since this tunnel will house a two-way rail line, a line that has a restriction of radius of curvature and degree of ramp. This fact limits the freedom to move the tunnel outside the projection of the aforementioned terrains, despite all the possible adjustments already made”, says the document.
At the stand sales department of the future 28-story building located at Rua Venâncio Aires, information is given about a forecast for the delivery of the units by the end of 2023, with construction starting in February. These are properties with one to three bedrooms, with values ranging from R$ 436 thousand to R$ 800 thousand – 85% of the project has already been sold, leaving 50 apartments to be negotiated.
At the end of last year, the law firm Tozzine Freire – which represents the Linha Uni concessionaire – filed an “Obligation to Not Do Action with Urgent Guardianship Request” at the 5th Public Treasury Court of the São Paulo Court of Justice. (TJ-SP) against the developer of the project for believing that the work makes the continuity of the subway station route unfeasible.
“In addition to being alerted by the STM to the need for its projects to comply with the underground construction of Line 6 of the subway, the Defendant was also notified by the Plaintiff, who requested the suspension of the implementation of her enterprise until the foundation projects were completed. approved by STM and the Concessionaire.”, says the document.
According to the Uni Line lawyers, despite EVEN being expressly alerted to the interference of the “Modo Pompeia” project in the works of Line 6-Orange, and guided on the measures it should take, Pouliche would have followed through with its project, recording the real estate development on June 11, 2021, without consulting the concessionaire.
On December 3, Judge Marcos de Lima Porta of the 5th Court of Public Finance of the TJ-SP granted urgent relief, preventing “proceeding with any constructive activities related to the “Modo Pompeia” enterprise, in view of its direct interference in the works on Line 6, until their new projects are approved by the Plaintiff and STM, under penalty of a daily fine of R$100,000.00 in case of non-compliance”.
Sought, EVEN clarifies in a note that it obtained all the necessary licenses for the realization and execution of the project in question. The company also says that it is in contact with the Subway Line 6 Concessionaire to build, as soon as possible, the technical solution that allows subway and project to coexist without major impacts.
THE CNNthe city hall of São Paulo, through the Municipal Department of Urbanism and Licensing, says that it received, on November 26, a letter from the Department of Metropolitan Transport of the Government of the State of São Paulo about the real estate project mentioned by the report with an impact on the implementation of the Line 6-Orange and is analyzing the case to take appropriate action.
The Department of Metropolitan Transport of the Government of the State of São Paulo informed the report that there is still no impact on the works of Line 6-Orange and there are no similar cases.
Source: CNN Brasil
