Saying that the Johns/Clifton Co-Operative Land Society Limited has forcefully and unlawfully evicted them from their land, a group of 25 Corentyne, Berbice farmers have moved to High Court to reclaim it and for damages in excess of $48 million for their losses and the destruction of property.
Describing themselves in their affidavits as former members of the Co-op Society, the residents, who reside and farm at Plantation Clifton and John, Corentyne, Berbice, said that the Co-op Society forced them out although they own transports for their lands.
They said that after a 10-year lease between the Co-op Society and the Port Mourant Company for 350 acres of land expired in 1975, the Society’s members never applied for new leases, though they continued to live, cultivate and rear animals there.
In court documents seen by this newspaper, the residents/applicants said that sometime after the country gained independence in 1966, the land was transferred to the Guyana Sugar Corporation (GuySuCo).
They said members of the Society subsequently approached Government and the Central Housing and Planning Authority with a view of acquiring title to the lands, while noting that a process was established by which portions of land were allotted to some of the residents, after which they obtained transport in their names.
Apart from this, they said that some of the residents own shares in the Co-op Society, which allowed for them to occupy portions of the said lands under that agreement, while noting that though tracts of land situated behind each dwelling house were not allocated by transport, they were communally occupied by members who continue to plant rice as well as other crops, along with rearing livestock and cattle.
According to court documents, over the years the Johns/Clifton Co-operative Society became defunct and after 2012, its members stopped having meetings and they ceased to function as a society until its resuscitation last year.
The applicants said that at that time, the lands changed ownership from GuySuCo to the National Industrial and Commercial Investments Limited (NICIL), which according to them, erroneously included portions of land for which some of them were issued transport and upon which their dwelling houses are located.
The resuscitation move, they said, was done by the Department of Co-operatives of the Ministry of Social Protection and a general meeting was held without their knowledge.
Almost immediately after the resuscitation, the applicants said that the newly constituted Co-op Society entered their lands “armed with weapons and forcefully evicted persons,” precluding them from farming the lands.
The residents say that the current members of the Co-op are harvesting their rice and other crops and have begun planting on their lands.
The Co-op Society, of Lot 217 Clifton Settlement, Port Mourant, Corentyne, Berbice has a newly constituted 7-member body, which the applicants say comprises Asheem Ali–Chairman; Chandra Sohan–Secretary; Chandradatt Ramotar–Treasurer; Mohamed Ali Khan–Assistant Secretary/Treasurer; Abdul Haniff–Committee Member; Dianand Jhando– Committee Member; and Azeez Ali Khan, also a Committee Member.
The applicants explained in their affidavits that on March 1st of this year, NICIL entered an agreement with the newly constituted Co-operative Limited for a term of five years for lease of lands which included theirs.
As a result, the applicants are arguing that large portions of the leased land were erroneously and illegally leased, in breach of their fundamental rights.
The applicants have advanced that the monies derived from the sale of their produce is their sole income; while stating that immediately following the lease of March 1st, 2018, the new Co-op moved in on their lands and began bulldozing, and have verbally and physically assaulted and intimidated several of them, “with a view of hijacking the remaining lands that form part of the subject land.”
Among other things, the residents/farmers are seeking from the court a declaration not only that the lands have been wrongly and unlawfully allocated to Johns/Clifton Co-Operative Land Society Limited, but also that farming, bulldozing or occupying in any manner whatsoever constitutes trespass.
Having advanced also that they are entitled to exclusive possession of the lands in question, the farmers are also seeking a declaration to this effect.
It is against this backdrop they are arguing that the lease to Johns/Clifton Co-Operative contravenes their fundamental right to protection from depravation of property as provided by Article 142 of the Constitution.
Apart from the declarations being sought, the applicants are also seeking injunctions restraining the Co-op Society or their representatives from entering occupying, farming, bulldozing, or in any way interfering with their quiet and peaceful enjoyment of the lands.
They would also like to be granted an injunction restraining them from transferring, mortgaging or encumbering the land in any matter whatsoever.
Additionally, they are hoping that the court will rescind all documents through which the lease was issued to the Co-operative Land Society Limited in question.
To this end, they want damages in excess of $48,000,000; court costs and any other relief the court may deem just to grant.
In a breakdown of their expenditure, the applicants have pegged destruction, damage and loss of profits derived from planting rice at $39,000,000; the destruction of cash crops at $1,300,000; the destruction of fencing at $1,800,000; and the destruction of a chicken farm at $6,000,000. The expenditure amounts to a total of $48,100,000.
Apart from the Co-op Society, the Commissioner for Co-operative Development, GuySuCo, NICIL, and the Attorney General are also listed as respondents in the action.
The applicants are being represented by a battery of attorneys, including Anil Nandlall.
The Co-Op Society meanwhile, is being represented by the Attorney General.
