Justice Navindra Singh last week ordered the owners of three properties in the pathway of the new Demerara Harbour Bridge to hand them over to the government and for the state to compensate them in various sums.
The sums ordered to be paid, according to Attorney-General Anil Nandlall, were less than what the state had offered as compensation. The owners are now to deliver the properties to the government on or before September 30th while the state will have to pay the compensation on or before September 20th.
The government had initiated legal action against Dennis and Odetta Hall, Joseph Klass and others and Prince Wilson for compulsory acquisition of their properties.
Giving a background to the three separate cases the state informed the court that it had commenced the construction of a new Demerara Harbour Bridge which follows an alignment from La Grange, West Bank Demerara across the Demerara River to Nandy Park, East Bank Demerara, which required the construction of a connecting road between Peter’s Hall, East Bank Demerara and Providence, East Bank Demerara
The Hall’s property is located at Lot 85 Peter’s Hall, Klass’s at Lot 82 Peter’s Hall and Prince’s at Parcel 48, Block II, Zone EBD. The government argued that it was necessary to acquire the properties under the authority of the Acquisition of Lands for Public Purposes Act: Cap 62:05 of the Laws of Guyana. It stated that despite negotiations the parties had failed to arrive at an agreed upon sum as compensation for the acquisition of the properties.
In the case of the Halls, the judge ordered that the sum of $31.9 million be paid as compensation for acquisition of the property. Klass will receive $18.8 million, while Wilson will receive $16.5 million. The judge also ordered in all three cases, discretionary costs to the government against the defendants in the sum of $500,000 which have to be paid on or before September 20th 2024.
Yesterday in a statement Nandlall said that since 2022, the government, through various emissaries including himself, Minister of Housing and Water Collin Croal, and Minister of Public Works Juan Edghill, met with the property owners on several occasions with a view to arriving at a consensual compensation package. The government, he said, retained a team of lawyers, and each property owner was advised to retain a lawyer of their choice for the purpose of the negotiations.
According to the statement, the compensation package offered by the government included house lots with or without a house, commercial lands along with monetary compensation and costs associated with moving, and in some cases, rental where a house was not available. Nearly 40 property owners from Peter’s Hall to Republic Gardens accepted the government’s compensation package.
“The government will continue to vigorously pursue possession orders in respect of those matters that are pending in the High Court. However, the government is in breach of its obligation to deliver to the contractor vacant possession of these properties, and at some point in time, if possession of these properties are unduly detained, the government may have to insist on its strict legal rights and eject these occupants. After all, the legal titles for all these properties are already vested with the state,” the statement said.
In the proceedings before Justice Singh, Ronald Burch-Smith appeared for the Attorney-General and Roysdale Forde and Dexter Smartt for the property owners.
In May, the government had issued eviction and demolition of property orders to a number of homeowners as only six of the 21 residents in the pathway of the new bridge had accepted compensation.
“We have signed the relevant orders; the one-month period has passed; all the lands are now vested with the state and we are simply moving ahead with the project. No resident will be suffering a loss. It is either you accept the offer with the government or the government is compelled to follow the package that the court will determine,” Edghill had told the Stabroek News in an interview, following the distribution of the eviction notices to the residents.
Residents had bemoaned the situation with some saying they felt they were being bullied for their property. “This is bullyism with terrorism going on with y’all. Every time y’all come is bullyism. Now if allyuh these have a project, nobody stopping development, but the things y’all going on with is not professional and y’all inconsistent with y’all doings…,” an elderly resident had told Edghill as he handed her the notice, while declaring that she “would not be signing!”
The “Notice of Eviction from and Demolition of Property,” which was seen by this newspaper read, “…In the meanwhile, and being pressed for time, the government proceeded with the compulsory acquisition of your property in accordance with Sections 6 and 7 of the Act. You were informed that in light of the failure to arrive at an agreement on the compensation to be paid, the government will engage the High Court in accordance with the Act for a resolution of that matter. Therefore, title to the property now vests in the government. You are aware that the government owes certain obligations under the contract for the construction of the said bridge which require the government to deliver to the contractor vacant possession of the said property. As a result of the government’s inability to discharge these obligations, the contractor is unable to access the area for works.
“In the circumstances, and with sincere regret, the government wishes to notify you that you are to vacate the said property within 30 days from the date hereof. If you fail to do so, the government will be forced, as a matter of last resort, to evict you from the said property and demolish the same. Please be assured that the government will prefer not to resort to this recourse. The government therefore solicits your urgent cooperation,” it had added.
On February 10, Order 13 of 2024 was published in the Official Gazette for the Acquisition of Land for Public Purposes for the construction of the new bridge. Then on April 6, Order 28 of 2024 was published in the Official Gazette vesting the described parcels of land to the Government of Guyana in accordance with Section 6.
