Court battle continues for possession of Peters Hall properties for construction of new Demerara River Bridge

Sep 16, 2024 News

---

Kaieteur News – The court battle over the compulsory acquisition of lands at Peter’s Hall, East Bank Demerara (EBD) for the construction of the New Demerara River Bridge continued last week with the High Court granting the State possession in some cases and sending to trial in others.

According to a release from the Attorney General’s Chambers, High Court Judge, Justice Navindra Singh last week ordered possession to the Government of Guyana for three properties that were compulsorily acquired by the state for the construction of the New Demerara River Bridge. The release stated that owners are to deliver possession on or before the 30th September, 2024. The State was also ordered to pay compensation to the owners by the 20th September, 2024.

The statement explained the Government has compulsorily acquired under the Acquisition of Land for Public Purposes Act some 50 private properties, for the construction of the new Demerara River Bridge. Under that Act and the Constitution, the Government is required to pay compensation to the property owners’ equivalent to the market value of the properties acquired.

The release said that “Since 2022, the Government began to negotiate a compensation package with each property owner. Unfortunately, agreements were not reached with 13 property owners. The law is clear on the matter, once the properties are acquired and title is vested in the State, the State is entitled to possession. The title to these properties was vested in the State several months ago. Therefore, the State is entitled to take possession of these properties with compensation to be determined at a later stage in accordance with the law.

“However,” the release added “the State decided not to enforce its strict legal rights which would have involved forcibly ejecting occupants from these premises. Instead, the State approached the High Court for orders of possession and for the market value of these properties to be determined so that the compensation can be paid in compliance with the law. Since the filing of these proceedings, several of the property owners accepted the Government’s offer of compensation. However, some matters are still pending before the court.”

Meanwhile, in another court, Justice Jacqueline Josiah Graham denied the request of Attorney General and Minister of Legal Affairs, Anil Nandlall for the compulsory acquisition of lands at Peters Hall, East Bank Demerara, for use in the construction of Crossing Kaieteur News has seen

The lawsuits were brought against Peter’s Hall residents, Virieene Fredricks, Vashti Fredricks, Pearl Layne, Merlynn Thomas, Joann Stewart, and Malcolm Thomas for compulsory acquisition of their lands for public use.  In accordance with the application filed, lawyers arguing the case on behalf of the Government of Guyana contended that Section 7 of the Acquisition of Lands Act grants the State the right to immediate possession of the lands.

However, counsel for the residents, Roysdale Forde pointed out among other things that the residents should be compensated adequately for their properties. Among the contentions raised before the court is the valuation of the properties at the center of the dispute.

Accordingly, the attention of the court was drawn to the value of the property after evaluation by the government valuation officer and the value of the property by private evaluators. It was pointed out that the value difference is notable; hence the dispute. The order issued by Justice Josiah-Graham last Monday also states that the trial is to be expedited to determine fair compensation and just resolution for the suits.

The judge in refusing the State’s request for immediate possession said that the Court is mindful that the construction of the bridge over the Demerara River is aimed at improving transportation and connectivity between regions, which can facilitate not only easy access by citizens but also enhance commerce, tourism, and overall economic development.  The bridge is expected to enhance access to essential services and markets, thereby contributing to economic growth and community welfare.

“The bridge can be seen as part of a broader infrastructure development strategy that may lead to improved public services. Enhancements in infrastructure can attract investments create jobs and reduce travel time, all of which generally serve the public interest. However in the face of these goods, the actions taken by the government or project developers to acquire land or properties must be tempered with considerations of fairness and equity,” the court underscored. As such, it was ordered that the trial of the matter be expedited to determine fair compensation and a just resolution of the suits. Further, the parties are encouraged to settle the matter amicably.

 

---

• Construction, Court battle, New Demerara River Bridge, Peters Hall properties, possession

---