The Public Works Ministry yesterday defended the demolition of a fence and building it said was obstructing the construction of the four-lane road project at Success, East Coast Demerara.
The building and its surrounding fence in question, constructed by BM Soat auto dealership at Area ‘A’ Plantation Success, were illegal structures, the ministry said in a statement yesterday.
The ministry said the illegal construction was on the government reserve and because of it, work on upgrading the road, which commenced on October 3, 2011 and was expected to be completed on July 3, 2012 was hampered. The delays, the release said, have cost the public purse tens of millions of dollars. The contract for the four-lane upgrade from Better Hope to Mahaica was awarded to Dipcon Engineering Ltd to the tune of $671,263,954.
“There are no legal impediments stopping the Ministry of Public Works from proceeding to demolish the illegal structure,” the statement said.
BM Soat had moved to the court on December 24 seeking a conservatory order against the Ministry of Public Works. Yesterday, Justice BS Roy granted an interim conservatory order restraining the ministry from “removing or in any way destroying, damaging or interfering with the … transported property situated at Area A Plantation Success, East Coast Demerara or in any way trespassing, taking possession of or acquiring any portion of land at Area A Plantation Success belonging to Bashair Mohamed…”
The matter was set to return to court on December 31.
However, yesterday shortly after noon, workers from the ministry descended on the auto dealership and demolished the fence, office and an ice cream snackette that was on the land.
BM Soat General Manager Rameez Mohamed told Stabroek News that it was transported land. He accused the ministry of demolishing more than the 14ft it said was the reserve. “They demolished more than the 14 ft, about 40ft they took off,” the man said.
Mohamed said that surveys done show that the land where the fence was belonged to the company. He also added that after a second survey it was determined that the land and an adjoining piece of land were part of the reserve, but in his opinion the first survey stood.
Mohamed said that despite showing the ministry workers the court order, they went ahead with the process.
According to the ministry’s statement, Bashair Mohammed, owner of BM Soat through his attorneys Khemraj Ramjattan and Neil Persram had filed an application for constitutional redress and subsequently took the ministry to court halting the road upgrade project. The case was before Chief Justice Ian Chang for approximately one year, the release said.
The ministry was represented by Eusi Anderson from the Attorney General’s Chambers and the matter was concluded in August. On December 20, a final judgment was given by Justice Chang dismissing the applicant’s case as “legally misconceived.”
On December 23, employees of BM Soat had prevented Public Works Ministry workers from demolishing the fence by blocking it with vehicles.
