Given the pledge that members of the former administration will not stand on the sidelines and watch the Government repossess Turnkey homes distributed under the PPP/C regime, Attorney-at-Law, Anil Nandlall, has filed a motion in the High Court seeking an order which will prevent the government from reclaiming a plot of land at Tuschen, East Bank Essequibo.
The action was filed on behalf of Linda Persaud, a resident of Tuschen, East Bank Essequibo.
On Wednesday, the former Attorney General had warned that measures by the Central Housing and Planning Authority (CH&PA) to take back house lots and the Core Houses from applicants on the grounds on non-occupancy, would be illegal.
Nandlall had explained that it is now public knowledge that the CH&PA has made a decision to repossess properties from persons who were allocated a house and lot under the programme that had been launched by the Peoples’ Progressive Party/Civil (PPP/C) Government.
“I call on all the beneficiaries of this programme not to submit to the authoritarianism and unlawful actions of the CH&PA. I urge that they seek legal advice and representation,” the PPP parliamentarian had urged.
According to the document, which was filed last week, servants and or agents of the CHPA of the Ministry of Housing/of the State, broke and entered Persaud‘s property on December 3, 2015 and have since taken possession of it consequently preventing her from entering upon or occupying her property.
The document noted that the breaking and entry of the property situated at Lot 3608 Block 8, Plantation Tuschen, East Bank Essequibo, and (EBE) is unlawful, contrary to and in contravention of Article 142 of the Constitution of Guyana.
As such, the applicant is seeking a declaration by the court that the erection thereon of a signboard which reads “property of Central Housing and Planning Authority”, on the 3rd day of December, 2015, by servants and/or agents of the CH&PA also contravened her fundamental right and freedom as is guaranteed to her by Article 142 of the Constitution of Guyana.
“It is also in breach of natural justice, arbitrary, oppressive, unreasonable, capricious, null, void and of no effect,” the document stated.
Additionally, the plaintiff is claiming aggravated damages and costs in excess of $10 million for breach of the Applicant’s fundamental right and freedom not to have her property compulsorily taken possession of without the prompt payment of adequate compensation as is guaranteed to her by Article 142 of the Constitution of Guyana.
Furthermore, Persaud is asking the Court for a Conservatory Order prohibiting servants and/or agents of the CHPA, the Ministry of Housing or any other Officer of the State from entering upon, remaining, occupying or in any manner whatsoever interfering with the applicant’s quiet and peaceful possession, occupation and enjoyment at her property.
The CH&PA has over 25,000 applications for houses and house lots on file, but with little lands available in the Demerara area.
Scores of house lots have remained unoccupied with many of the owners migrating. The lands have been posing a problem in the numerous new housing schemes around the country with overgrown bushes and the security issues that comes with it.
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