Veterinarian Dr. Steve Surujbally has filed a $100m lawsuit against the State, which he says ought to compensate him adequately for his land compulsorily acquired for the gas to shore project.
Arguing that he is being deprived his property, thus violating his guaranteed constitutional right, Surujbally (The Applicant), is asking the High Court to declare that the State’s failure in making “prompt payment of adequate compensation” for the acquisition of his land is unlawful.
He cites Article 142 (1) of the Constitution and section 7 (1) of the Acquisition of Lands for Public Purposes Act which he says respectively protects against being deprived of his land; and for which therefore he should be sufficiently compensated.
He is also asking for any further orders the Court may deem just to grant, as well as costs.
The property at the centre of the action is Lot 10 Plantation Nouvelle Flanders, La Jalousie, West Coast Demerara, for which he notes he has a transport and is 2.005 acres.
In his fixed date application (FDA) which lists the Attorney General (AG) and Minister of Public Works as Respondents, Surujbally noted the Minister’s declaration, under the Acquisition of Lands for Public Purposes Act, of the proposed site for the construction of gas pipelines.
He said, however, that the proposed site runs from Nouvelle Flanders on the West Coast of Demerara to Canal Number One Public Road on the West Bank of Demerara, which passes through his property.
Surujbally deposes in his FDA that it was via press reports that he was made aware of Government’s intention to acquire lands in the Nouvelle Flanders area where his property is situated.
He said he had not been contacted by any Government official to negotiate for the purchase of his land, nor on the likelihood that his land may be compulsorily acquired by the State to carry out a public work.
It was against this background he advanced that Pursuant to Section 6 of the Acquisition of Lands for Public Purposes Act, “the Minister, after declaring a work a public work, may enter into negotiations for purchase of the land, or, if for any reason he deems it advisable, may by order declare that the land or any part thereof is required for a public work.”
Notwithstanding this provision, however, Surujbally said that he had not been contacted by any official of the Government regarding negotiations.
Intended survey
He said it was not until March 1st, 2022, approximately six months after the publication of the Minister’s declaration, that while overseas, he was informed by his housekeeper that an official from the Guyana Lands and Surveys Commission, had called to inform of an intended survey of his land.
He deposed in his application that he immediately contacted the official and was told that a notice, which he never received, had been issued of the intended survey.
He said he subsequently requested and was sent a copy of the notice, dated January 30th, 2022, which stated that the survey was to be done on February 16th, 2022, and that he may attend.
The official he said, indicated that there was an obvious delay in conducting the survey. Surujbally said he did not object to the survey, nor did he send a representative to witness the process.
He said that on March 25th, 2022, upon his return from overseas, he met with officials of the Guyana Lands and Surveys Commission and was provided further information on the survey process.
Among other things, he said he was told that his land would be the first point of entry for the submarine pipeline, which will extend to the Wales Estate, the intended location of a planned Power Plant and Natural Gas Liquid Plant.
The survey report he said he was told, would be submitted to the head of the Project Task Force, Winston Brassington, who was to then make contact with the affected landowners by the end of April 2022, to advise on the acquisition plan.
Surujbally said he was told that the acquisition options may include compensation, usually based on; current sales of parcels in close proximity, direct offers made for purchase, demand and supply in the area and provision of alternative lands.
He said it was not until September of 2022 that a meeting was held by government officials led by the AG, and other subject ministers; where landowners were informed that under the Petroleum Act, Government was moving to acquire properties for the laying of the gas pipeline.
Market value
He said it was discussed by the government team that the intention was for consensual negotiations and compensation at market value, taking into account location, type of land, volume of land and use of land.
According to Surujbally, landowners were also informed that compensation was being offered in the range of one to four million dollars per acre. He said that each landowner received a signed document from the Chief Valuation Officer on the assessed value of the acreage of land that would be acquired.
The document he said, referenced a “Sheet No. l”, but that that sheet was not provided. Also not provided he said, was a copy of the survey plan.
The applicant said that at the meeting several queries were raised by landowners on possible environmental hazards and the effects on crops of the proposed Gas to Energy Project.
He said that noting the disgruntlement and seemingly appreciative of and understanding the concerns raised regarding the valuation—access to holdings, disruption to lifestyle, loss of income, among other things—the AG closed the meeting by advising that Government would appoint lawyers and that the landowners would be contacted directly, within a week, for further discussions.
Surujbally said that having not been contacted by any Government appointed lawyer, on October 12th, 2022, he emailed the Head of the Task Force to advise that he had not been contacted and that he had retained the services of Christopher Ram & Associates.
He said he was finally contacted in October 2022, by attorney Manoj Narayan, for the Government regarding compensation which he, Surujbally expressed was well below market value.
The Applicant said Narayan informed him that he would be communicating directly with Christopher Ram and Associates to formalise negotiations, but all his subsequent efforts to reach the lawyer “to work out a mutual settlement” were futile.
Surujbally said it was not until February 9th, of this year, that he received an email from the Ministry of Natural Resources advising among other things that the lands had been acquired and that a construction team would commence removing structures therefrom.
He said that at another meeting with government officials just under two weeks later, the issue of adequate compensation for his land and different modes of compensating him were discussed.
He said options of cash payment were raised, and together with a portion of State land situated in the Ogle, East Coast Demerara area, in lieu of his land. Surujbally said he was receptive to this suggestion, with the caveat that the greater portion of the arrangement be cash payment.
Subsequent to the meeting, he said his lawyers wrote Brassington with an offer of settlement in the sum of one hundred million dollars to be discharged by a combination of a cash payment with a minimum of sixty million dollars cash and land at Ogle, independently valued at a minimum of forty million dollars for full and final settlement of the matter of compensation.
Surujbally said that he and his lawyers are yet to receive the courtesy of a response, or an acknowledgement from government, while noting that it has made no formal offer or counter-offer of purchase money or compensation for his land.
He argues that government’s failure to make prompt payment of adequate compensation for the compulsory acquisition of his land “falls below the threshold of what is fair and adequate” and gives rise to an infringement of his constitutional rights.
According to Surujbally, he is “confident” that his offer of $100m as full and final settlement for the compulsory acquisition of his land is adequate compensation, and one that is “fair and reasonable.”
He said he has arrived at the sum based on a number of factors, including that five years ago, before ExxonMobil and Government’s interest in the land, he had an appraisal of the land and was issued a valuation in the sum of $35.5m.
Further, he said immediately prior to the announcement of the Government’s Gas to Energy Project, “he was besieged by requests” and offered the sum of one hundred million dollar for the purchase of his land.
Surujbally is now hoping that in all the circumstances, the Court will grant the reliefs being sought.
