Farmers challenge President’s revocation of leased lands

Apr 16, 2016 News

Three constitutional motions have been filed on behalf of rice farmers in Region Five challenging the revocation

President
David Granger

of leases by President David Granger.
The three farmers, Phillip Johnson, Rawle Miller and Rupert Blackman of Seafield, West Coast Berbice, had been embroiled in legal battles over lease lands, used for rice cultivation in the area.
The farmers had initially taken court action against Mahaica-Mahaicony-Abary Agricultural Development Authority (MMA/ADA) after the board revoked their lease last year.
The group of independent rice cultivators through Attorney at Law, Anil Nandlall, contended that MMA/ADA’s revocation of their leases had been discriminatory, arbitrary and capricious.
The leases were issued under the hand of former President Donald Ramotar.
Former Chief Justice Ian Chang subsequently quashed the MMA/ADA’s decision.
In a ruling, the Chief Justice noted that if the MMA/ADA was aggrieved by the Presidential grant, “the MMA/ADA or any aggrieved person could have taken proceedings in court, not against the President but against the Attorney General challenging the legality of the grant made by him.”
Yet the farmers faced a separate legal challenge to occupy and cultivate the land.  This challenge was filed by the Seafield Cooperative Land Society (SCLS) a group that claimed to have been cultivating rice on the said lands for more than 100 years.
But despite the court action it was uncovered that President Granger had revoked all the leases granted to farmers in that area. The rice farmers had initially argued that the revocation of the leases had hampered with their livelihood and jeopardized the investment in the cultivation process.

The three farmers, Phillip Johnson, Rawle Miller and Rupert Blackman.

Once more through their Attorney, Anil Nandlall, the farmers have moved to the High Court to challenge the revocation of their leases.
In three separate constitutional motions filed on Wednesday, the farmers are now seeking a declaration that the decision of the President to cancel Lease of State Land for Agriculture Purpose issued under Section 3(b) of the State Lands Act, Chapter 62:01, and in accordance with the Mahaica/Mahaicony Abary Agricultural Development Authority is contrary to and in violation of Article 142 of the Constitution of Guyana, is unlawful, null, void and of no effect.
The applicants want a declaration by the court that the decision of the President cancelling Lease of State Land for Agriculture Purpose issued under Section 3(b) of the State Lands Act, Chapter 62:01, and in accordance with the MMA/ADA in respect to the plots of lands amounts to the compulsorily acquisition of their leasehold interest thereof without the prompt payment of any or adequate compensation as is guaranteed by Article 142 of the Constitution of Guyana.
Additionally, the applicants are each claiming damages to the tune of $5 million for breach of their fundamental rights and freedoms as guaranteed by Articles 142 and 153 of the Constitution of Guyana and special damages in excess of 692,500.
They are also asking for a Conservatory Order prohibiting servants and/or agents of the MMA/ADA, a public statutory authority 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 of Lease of State Lands for Agriculture Purpose issued under Section 3(b) of the State Lands Act, Chapter 62:01, and in accordance with the Mahaica/Mahaicony Abary Agricultural Development Authority Act for the said plots of land.
Attorney General Basil Williams and MMA/ADA have been named as respondents in the matter scheduled to be heard at the High Court.