Another resident of Region Three has brought a lawsuit against the Housing Ministry in a bid to stop the agency from repossessing a plot of land distributed under the previous administration’s turnkey homes developmental project.
The Central Housing and Planning Authority CH&PA has over 25,000 applications for houses and house lots on file, but with little lands available in the Demerara area.
Housing officials had reported that 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.
The Ministry had promised that several of the homes will be repossessed due to multiple breaches.
However, former Attorney General Anil Nandlall had warned that measures by the 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.
This is the second motion the former AG has filed on behalf of a property owner.
According to the motion, the owner of the property, Gaytrie Singh, is seeking a declaration that a declaration by the court that the taking of possession of the land situated at Lot 902 Plantation Westminster, La Parfaite Harmonie by servants and/or agents of the Central Housing and Planning Authority, (CH&PA) the Ministry of Housing or any other Officer of the State, is in violation of her fundamental right and freedom as is guaranteed by Article 142 of the Constitution of Guyana.
The court document outlined that the breaking and entry of the house situated at Lot 902 Plantation Westminster, La Parfaite Harmonie and the erection thereon of a signboard which reads “Notice: Property of the Central Housing and Planning Authority, Order by the CH&PA”, on the 23rd day of November, 2015, by servants and/or agents of the CH&PA, the Ministry of Housing or any other Officer of the State, are unlawful and have contravened or are likely to contravene Singh’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.
The applicant is seeking an order that the summary forfeiture or expropriation or compulsorily acquisition or taking of possession of any land held by Transport or Certificate of Title on the ground that the transportee or the title holder is in violation of or has breached any term or condition contained in any Agreement of Sale is also unlawful, contrary to and in breach of Article 142 of the Constitution of Guyana.
As such, the woman is seeking damages in excess of $10 million for breach of her 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 the Constitution of Guyana.
Additionally the applicant is seeking a conservatory Order prohibiting servants and/or agents of the CH&PA, 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.
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