-70in need of a dwelling.” By means of Mayoral Order No. 005-98115 of January 16,
1998, the Municipal Housing Program was created, based on the land reverted to the
Municipality. In addition, it established that “in the case of land plots transferred to
third parties, where the transferee has completed more than 60% of the construction
work and provided that the transferee does not own another piece of property, the
transferee may purchase title to the land directly from the Municipality at the market
price, which shall be determined by an expert appraiser.”
204(68) During 1998, some owners of plots in said land registered “notices” on the
land title “due to the existence of curable defects consisting of lack of a final official
approval of finished works in connection with the urban development project and
authorization to sell the plots therein freely.”116
204(69) On January 19, 1999, the Primer Juzgado Corporativo Transitorio
Especializado en Derecho Público (First Provisional Corporate Court Specializing in
Public Law) granted the amparo for legal protection filed by the SITRAMUN-LIMA,
and ordered “to set aside Mayoral Resolution No. 267 and Mayoral Order No. 005-98,
[…], restoring the conditions existing prior to the constitutional violation claimed.”
The Sala Corporativa Transitoria Especializada en Derecho Público (Corporate
Provisional Chamber Specializing in Public Law) affirmed this decision on August 19,
1999, stating, inter alia, that “defendant, in issuing Mayoral Resolution No. 267 and
Mayoral Order No. 005-98, both of January 16, 1998, failed to notice that Resolution
No. 265-95 […], published on February 16, 1996 was in full force and effect” (supra
para. 204(66); therefore, termination of the award of the land could not have been
ordered.”117
204(70) On March 2, 1999, the Municipality of Lima issued Mayoral Resolution No.
822, declaring “Resolution No. 267 accepted and therefore final (supra para. 204(67)
and ordered “to request Empresa Municipal Inmobiliaria de Lima S.A (EMILIMA S.A)
(Lima Real Estate Municipal Corporation) and the Dirección Municipal de Desarrollo
Urbano ( Office of the Urban Development Municipal Director) to implement this
Resolution.”118
204(71) On January 28, 2000, the Tribunal Registral (Registrations Court) issued
Decision No. 018-2000, directing the registration of Mayoral Resolution No. 822119
(supra para. 204(70).
115
Cf. Mayoral Order No. 005-98 of January 16, 1998 (file of appendixes to the submission of closing
arguments by the common intervener, appendix 93, folio 5794).
116
Cf. Notes registered with the Registro de la Propiedad Inmueble de Lima (Land Registry of Lima)
(file of appendixes to the submission of comments by the common intervener submitted on January 4,
2006, Appendix 3(8), folio 6731).
117
Cf. Judgment rendered by the Primer Juzgado Corporativo Transitorio Especializado en Derecho
Público (First Corporate Provisional Court Specializing in Public Law) on January 19, 1999; and judgment
rendered by the Sala Corporativa Transitoria Esp[ecializada en Derecho Público (Provisional Corporate
Chamber Specializing in Public Law) on August 19, 1999 (file of appendixes to the application, appendix
38, folios 1872 and 1880).
118
Cf. Lima Mayoral Resolution No. 822 of March 2, 1999 (file of appendixes to the submission of
closing arguments by the common intervener, appendix 101, folio 6091).
119
Cf. Order No. 018-2000 rendered by the Tribunal Registral (Registrations Court) on January 28,
2000 (file of appendixes to the submission of closing arguments by the common intervener, appendix 105,
folio 6097).