Government has revoked the order to compulsorily acquire lands at locations on the East and West Bank of Demerara that the APNU+AFC had proposed to have the new Demerara Harbour Bridge built since that project has been shifted to another location and the lands are no longer needed, Minister of Public Works Juan Edghill says.
Instead, government may have to acquire those lands which fall into the path at the new location, which terminates at Nandy Park on the East Bank and La Grange on the West side, but a decision on that matter has not yet been made.
“The bridge is not going at Houston, so we don’t need to acquire lands for building a bridge that won’t be built at Houston,” Edghill told the Stabroek News.
On Monday, government notified through an Official Gazette order, of the revocation of a 2019 order made by then Minister of Public Infrastructure David Patterson for lands at Houston and Versailles.
“This order may be cited as the Acquisition of Lands for Public Purposes (Construction of Access Road-ways to the new Demerara River crossing) (Revocation) Order, on September 13, 2021,” the Order states.
“The Acquisition of lands for public purposes (Construction of Access Roadways to the new Demerara River crossing) Order2019 is revoked,” it adds.
In December 2019, the Order (in Patterson’s name) had stated that 55.623 acres of land at Houston and 43 acres at Versailles were being compulsorily acquired.
The PPP/C was swift to object, stating that government was in caretaker status given the 2018 No Confidence Motion and therefore the Order would not have been legal.
Through now Attorney General Anil Nandall, the PPP had said that it would not honour the Order if it had gotten into office.
Nandlall had cited the law and how compulsory acquisition was determined as he questioned the actions of the then administration.
“This Act facilitates a Government to legally acquire private lands for public works but on the terms, conditions and procedures set out in that Act. Since the supreme law, the Constitution, guarantees the protection of private property as a fundamental right and freedom of the citizenry, the rule of law, naturally, mandates that any law, which authorizes the confiscation of private property must enjoy strict and scrupulous compliance, whenever such a process is being embarked upon,” he had said.
“Additionally, since the rule of law frowns upon any concept that facilitates the State compulsorily acquiring private property, such a process must only be embarked upon as a matter of last resort, and those affected, must be adequately consulted and compensated, in the end. These are the fundamental pillars, which necessarily underpin any exercise of compulsory acquisition of private property, or as the Americans call it, ‘the eminent domain’,” he added.
He pointed out that Patterson had only commenced the legal process of compulsory acquisition and he was perplexed as to why he would go ahead knowing his government was in caretaker status.
“When juxtaposed to the long litany of procedures, which the Act mandates must be complied with, including, consulting with the land owners, negotiating appropriate monetary compensation, possible Court proceedings, approval by the National Assembly of the sum to be paid out and many more legal requirements, which must be satisfied before the acquisition can lawfully crystallize, this decision by Mr. Patterson remains inexplicable on the grounds of logic, law, common sense and good governance,” Nandlall had stated.
Tenders for the new bridge will be opened on October 5, after government granted a two-month extension from the former August 23 schedule.
Nine companies have been shortlisted to bid and have already met with government in pre-bid meetings. They are: China State Construction Eng Corp (China), China Geizhouba Group Co Ltd (China), JV-China Railway International Group Co Ltd, China Railway Major Bridge Eng Group Co Ltd, Reconnaissance & Design Inst Co Ltd (China), JV-China Road & Bridge Corp, Peutes y Calzadas Infrastructuras SLU (China and Spain), and JV-OECI S.A. The other two companies are Odebrecht Engenharia E. Construcao S A OEC of Brazil and the Dutch Ballast Needam Infra Suriname BV.
The bidding document, seen by the Sunday Stabroek, specifies the criteria required for making a bid on the project that stipulates that bidders present proposals for a Design, Build and Finance (DBF) option, or alternatively, Design, Build, Finance, Operate and Maintain (DBFOM).
The Scope of Works included in the design/build contract includes the complete design and construction of a two-lane dual carriageway (4 lane), hybrid cable-stayed centre-span bridge with concrete box/T-beam girder approach bridge structures, and must include bridge collision protection, a navigation span to accommodate Handymax vessel navigation aids, lighting, signage and all other ancillary works, an access road with a minimum of 50 meters up to abutments, toll-collection buildings and ancillary buildings on the West Bank of the Demerara River.
When completed, government wants a new four-lane, high-span fixed bridge in the vicinity of the current location and which terminates at Nandy Park on the East Bank of Demerara. “The new design of the Demerara Harbour Bridge will not require opening or retraction to allow for maritime traffic and will be built with a life span of at least 50 years,” the bidding document states .
President Irfaan Ali had said that the new bridge would be a very high one standing at a minimum 50 meters or as high as or higher than the Marriott Hotel to facilitate the clearance for vessels.
