The owner of a house built by the Central Housing and Planning Authority (CH&PA) at Tuschen, East Bank Essequibo is moving to the court to thwart the agency’s attempt to repossess the premises.
Linda Persaud is one of a number of persons who have been advised by the CH&PA that their houses would be taken back by the agency for the alleged breach of the terms under which they were built, to wit, that they they should be gainfully occupied.
Attorney and former Attorney General Anil Nandlall has moved to the constitutional court on behalf of Persaud, according to court documents seen by Stabroek News.
Persaud is seeking the following declarations:
(i) a Declaration that the breaking and entry of the Applicant’s property known as and situate at Lot numbered 3608 (three thousand six hundred and eight) being a portion of Block 8, Plantation Tuschen, situate on the East Bank of the Essequibo River, in the County of Essequibo, in the Republic of Guyana, and more fully described in Transport No. 548 of 2012, and 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 Central Housing and Planning Authority, the Ministry of Housing or any other Officer of the State, are unlawful and have contravened or are likely to contravene 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;
(ii) a Declaration that the taking of possession of and the prevention of the Applicant from entering and occupying her property known as and situate at Lot numbered 3608 (three thousand six hundred and eight) being a portion of Block 8, Plantation Tuschen, situate on the East Bank of the Essequibo River, in the County of Essequibo, in the Republic of Guyana, and more fully described in Transport No. 548 of 2012, on the 3rd day of December, 2015, by servants and/or agents of the Central Housing and Planning Authority, the Ministry of Housing or any other Officer of the State, are in violation of the Applicant’s fundamental right and freedom as is guaranteed to her by Article 142 of the Constitution of Guyana;
(iii) a Declaration 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 in respect of the said land or any Transport or Certificate of Title in relation to the said land, more particularly, a condition which mandates the Title holder or the Transportee to be in occupation of the said land, is unlawful, contrary to and in breach of Article 142 of the Constitution of Guyana, in breach of natural justice, arbitrary, oppressive, unreasonable, capricious, null, void and of no effect.
Persaud is also seeking damages in excess of ten million dollars 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 Article 142 of the Constitution of Guyana.
In her affidavit, Persaud said that by a written Memorandum of Agreement of Sale dated the 19th April, 2011, she purchased from the Government of Guyana/Central Housing and Planning Authority, Lot No. 3608, Parcel 3608, situated at Tuschen Block 8, Lots 2625-4009, at the agreed purchase price of ninety-two thousand dollars.
She swore that she fully paid the purchase price upon the signing of the said Memorandum of Agreement of Sale and was issued with Transport No. 548 of 2012 in relation to the said lot of land. By a contract titled “Contract for the Participation in Core House Pilot in Existing Schemes” dated the 28th day of March, 2014, she said that she purchased from Government of Guyana/Central Housing and Planning Authority, one concrete and wooden building. Under the said Agreement, she deposed that she was required to pay and did pay the sum of one hundred thousand dollars as “equity” towards the construction of the core house.
The said Agreement, she averred, contained a number of terms and/or conditions, including the following:
“Upon failure if the beneficiary(ies) to occupy the said property within one month of its delivery, the beneficiary(ies) shall be bound to give up possession of the land and building to the Authority and to re-convey Title to the Central Housing and Planning Authority”.
She noted that that Agreement post-dated her Transport by nearly two years and the terms and conditions of the said Agreement are not and were never made conditions of her Transport.
She further said that the house was completed during the month of August, 2014, and she moved in and commenced occupation of the same.
Persaud said that she also spent in excess of one million dollars in fencing and building up and landscaping the land and building cupboards, erecting a wall in the house and tiling the washroom floors of the house.
She said that at all material times, she has been in occupation of the said property along with her children.
On the 18th day of November, 2015, as he said that she received a letter from Hannifah Jordan, Attorney-at-Law/Corporate Secretary of the Central Housing and Planning Authority, accusing her of not occupying the building within a month after receipt of the keys and of living elsewhere.
The letter further said
“You are in breach of your obligation to occupy the said property within the stipulated period and as a result of your said breach, the Central Housing and Planning Authority will be taking steps to rescind the said Agreement.
Accordingly, you are required to:-
1. Seek a refund of monies paid for the land and equity contribution by submitting all originals of the following documents no later than December 18, 2015:-
a. Housing Allocation Letter,
b. Agreement of Sale for land/building,
c. Certificate of Title to Land,
d. Receipts showing payment,
2. Sign an Originating Summons to cancel Certificate of Title to Land before the High Court. This will ensure that the property is transferred back to the Government.
Failing to exercise the above, the Central Housing and Planning Authority would have no option but to approach the High Court for an Order seeking redress to have the Certificate of Title to land cancelled.”
Persaud said that she never received a Certificate of Title and is challenging the contentions made by the CH&PA.
