Two businessmen have filed a $1 million lawsuit against China Harbour Engineering, the firm currently responsible for the Cheddi Jagan International Airport expansion project, after saying the company’s workers removed more than a dozen truckloads of loam from land they have leased without permission.
Brothers Fazal and Fazir Mohamed have also asked the High Court for an injunction barring the companying from continuing to trespass on their lands.
The matter was heard on Friday morning by Justice Brassington Reynolds but the injunction was not granted.
Attorney Anil Nandlall, one of the lawyers for the brothers, told Stabroek News that China Harbour continues to unlawfully excavate his clients’ land.
He added that the attorney who appeared on behalf of China Harbour contends that the Ministry of Public Infrastructure will confirm whether the land is indeed leased to the plaintiffs.
Nandlall, however, contended that copies of the lease obtained from the Guyana Lands and Surveys Commission and the permission to mine from Guyana Geology and Mines Commission (GGMC) have already been placed before the court, “establishing beyond doubt” that the plaintiffs are the lawful lessees of the land.
He further stated that “a request for the excavation to cease while the ministry confirms the plaintiff’s claim to the land, which is the fairest thing to do in the circumstances, was refused.”
In court documents seen by this newspaper, Fazal Mohamed, of Church Street, Enterprise, East Coast Demerara, contends that he and his brother are the lessees of the parcel of state land, situated on the right bank of the Dakara Creek, the left bank of Madewini River and the right bank of the Demerara River, for agricultural purposes.
Mohamed said that they have been issued with a Special Mining Permit to occupy and mine loam from the land since June 24, 2004, by the GGMC.
It was explained that the Mohameds have been occupying and mining loam at the location since that time and the mining permit was renewed every five (5) years as is to be done, with the last time being July 27, 2016.
The court documents stated that on July 29, 2016, “without the consent, permission, lease or licence of either my brother or I,” 16 trucks owned and operated by the China Harbour along with a front-end loader, all driven by servants and or agents of the company, entered upon the said land and removed loam. That loam was then transported to the company’s construction site, located near the Cheddi Jagan International Airport, Timehri.
Mohamed said that he was informed by one of the company’s employees that China Harbour intends to continue to excavate and remove loam from the land “because the Respondent/Defendant is of the view that my brother and I have no rights, title or interest in respect of the said land.”
He said that notwithstanding the fact that, he has shown all the relevant documentation to the company, it still insists that they have a right to excavate and remove loam from the land and “they have informed me and I do verily believe that they will continue to unlawfully excavate and remove loam from the said land.”
He said that it is out of fear that the unlawful evacuation will take place that he filed the lawsuit for the trespass committed and an injunction refraining the company from doing so again.
Mohamed said that unless restrained by the court, China Harbour will continue to evacuate and remove loam, which will cause him and his brother to “suffer irreparable harm and damage and damages will not be an adequate remedy to us.”
It was stated that the Mohameds are the owners of substantial movable and immovable properties, valued in excess of $200 million, and will undertake to compensate the defendants if it is found that the injunction being asked for was wrongly granted.
It was stated that damages will not be an adequate remedy.
Leave was granted to China Harbour to file an affidavit in answer and the matter will be heard again on August 22.
