Environment

New legal blow for Vega de Mestanza sewage plant as court annuls land seizures

The Andalusian High Court has struck down the compulsory purchase of land in Malaga, leaving the regional government's €100 million wastewater project in limbo

Land on which the North sewage treatment plant was to be built. (SUR)

21/05/2026 a las 08:11h.

The controversial North Sewage Treatment Plant (EDAR) in Vega de Mestanza has suffered another significant legal setback.

The High Court of Justice of Andalucía (TSJA) ... has officially annulled the compulsory purchase orders (expropriations) used to seize land from local residents for the project.

This latest ruling follows a previous High Court decision that declared the entire project's approval «null and void» due to its location on a protected flood zone and the lack of a sufficient environmental impact assessment.

In this new judgement, the TSJA ruled that because the original project approval no longer exists in a legal capacity, the «declaration of public utility» used to justify taking private land from local farmers and homeowners is also invalid.

A victory for local residents

For years, local residents have fought the construction of the plant, arguing that the site is environmentally sensitive and prone to flooding from the Guadalhorce river.

«The court has confirmed what we have said from the beginning,» a residents' spokesperson stated. «You cannot build a facility of this scale on a floodplain, and you certainly cannot take people's homes and livelihoods to do so under a project that was illegally approved.»

Regional government under pressure

The ruling is a major headache for the Andalusian Regional Government (Junta de Andalucía). The project, valued at over 100 million euros, was designed to solve the chronic lack of wastewater treatment in the Guadalhorce valley - a failure that has already resulted in millions of euros in fines from the European Union.

Regional authorities now face a difficult choice: they must either appeal the ruling to the Supreme Court or begin the arduous process of redesigning the project and finding a new, legally viable location.

For now, the machinery remains silent at Vega de Mestanza, and the land must legally be returned to its original owners, marking a significant, if not final, victory for the local community.