Despacho n.º 10562/2003(2ªSérie), de 28 de Maio de 2003
Despacho n.º 10 562/2003 (2.' série). - Manuel Ferreira Martins requereu, no Supremo Tribunal Administrativo, a suspensão de eficácia do despacho n.º 2092-A/2003 (2.' série), de 17 de Janeiro, do Secretário de Estado das Obras Públicas, publicado no Diário da República, 2.' série, n.º 26, de 31 de Janeiro de 2003.
Considerando que: Pelo despacho acima identificado foi declarada a utilidade pública com carácter de urgência da expropriação das parcelas de terreno necessárias à execução da obra A 11-IC 14 - lanço Esposende-Barcelos-Braga, sublanço Braga Oeste (A 3)-Braga (Ferreiros) (do quilómetro 9,3 ao quilómetro 14,4); Entre as parcelas abrangidas pela mencionada declaração de utilidade pública se encontram as parcelas 305 e 305S, relativamente às quais o pedido de suspensão visa lograr efeito; A urgência das expropriações dos bens imóveis para a execução desta obra se fundamenta no disposto no artigo 161.º do Estatuto das Estradas Nacionais, aprovado pela Lei n.º 2037, de 19 de Agosto de 1949; Na base XXII do contrato de concessão publicado no Decreto-Lei n.º 248-A/99, de 6 de Julho, se estabelece que são de utilidade pública com carácter de urgência todas as expropriações por causa directa ou indirecta da concessão; A suspensão de eficácia do acto irá agravar a evolução prevista para o sublanço Braga Oeste (A 3)-Braga (Ferreiros), nomeadamente o início dos trabalhos e entrada em serviço, contratada entre o concedente (Estado Português) e a concessionária, retardamento esse que se reflectirá necessariamente no incumprimento dos prazos de construção; e que: A construção deste sublanço faz parte da execução do plano de construção de infra-estruturas rodoviárias numa perspectiva integrada de ordenamento do território e desenvolvimento económico...
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