Businessman Samuel Chandool and his wife Chitralekha have been ordered to pay damages in the sum of $750,000 for constructing a building with a wall and concrete platform extensions which encroached on the land of resident Dian Balram, of Vreed-en-Hoop, West Bank Demerara.
In a ruling handed down by High Court Judge Priya Sewnarine-Beharry last Friday, she noted that no building permission was given to the defendants under the provisions of the Public Health Ordinance or otherwise to undertake the construction.
The Judge said that the construction, which encroaches within four feet of the boundary with Balram’s property, is in breach of the provisions of the Ordinance and its Regulations.
According to court documents, the weight of the construction caused the sinking of Balram’s eastern gatepost which is now seven inches lower than the corresponding western gatepost.
It said, too, that the Claimant’s land is more prone to flooding since the construction, as there is no drainage on the western side of the building initially constructed for water to run off.
The judgment seen by this newspaper detailed that there were pipes emanating from the Defendants’ property where rainwater was directed from their building onto Balram’s property, as well as other pipes where smoke was also directed onto her property.
The Judge noted that among the issues which needed to be determined, was whether the Defendants trespassed on the Claimant’s land.
Justice Sewnarine-Beharry said that the location of the Chandool’s building on the fence necessitated trespass by the personnel and equipment of the electricity utility onto Balram’s property and the running of electric wires over her land to supply the Defendant’s property.
Against this background, the Judge found that in the course of their construction, the Chandools did trespass on Balram’s lot, broke her gate and deposited debris onto her property; destroying plants in the process.
The Judge went on to find that the actions of the Defendants amounted to both private and public nuisance.
In the former, Justice Sewnarine-Beharry pointed out that actions and omissions on the part of the Chandools; in causing water-runoff and debris unto the Claimants property, subsidence of the gatepost and encroachment unto her property by the construction of a concrete platform; had substantially interfered with her use and enjoyment of her land.
The Judge was keen in pointing out that the Chandools had breached the laws.
The Court stated thus; “It is undisputed that the Defendants criminally breached the Public Health Ordinance Chapter 145, its By-Laws, Building Regulations by failing to obtain building permission and undertaking construction which encroached four feet of the boundary.”
The Judge said, too, that the actions of the Defendants amounted to public nuisance as Balram suffered particular damage over and above the general inconvenience suffered by the public which was evident by the dimensions of the building, its connection to the fence and boundary and the overhang on her property.
The Judge went on to note that the Defendants’ submission that Balram was not entitled to declaratory or injunctive relief has no merit as the legal authorities provide otherwise.
Apart from the $750,000 award in damages for trespass, the Court also declared that the Defendants are bound by the Public Health Ordinance and regulations prohibiting construction of any building within four feet of a boundary of their property.
Further, a mandatory injunction has been directed to them to demolish and remove all and any part of the building which lies within four feet of the Claimant’s property.
The Chandools have also been ordered to pay Balram court costs in the sum of $250,000 no later than August 31st, 2023.
Timothy Jonas SC appeared for Balram and Teni Housty for the defendants
