The High Court has granted permission for the Guyana Government to take possession of three residential properties at Peter’s Hall on the East Bank of Demerara to facilitate the new Demerara River Bridge, which is currently under construction.
Following a series of engagements and failed negotiations between the government and residents, legal action was taken after more than a dozen persons refused to accept the state’s compensation packages for their relocation, demanding more money for their properties.
However, along with granting the government possession of these three properties, the court ordered the state to also pay these property owners compensation but these sums will be less than what was initially offered by the government.
See below for the full statement from the Attorney General’s Chambers:
HIGH COURT GRANTS POSSESSION TO GOVERNMENT OF PETER’S
HALL PROPERTIES
– Ordered less compensation than what was offered by the State
Last week, High Court Judge Justice Navindra Singh ordered possession to the Government of Guyana for three properties that were compulsorily acquired by the Government for the construction of the New Demerara River Bridge. The owners are to deliver possession on or before the 30th September, 2024. The State was ordered to pay compensation to the owners by the 20th September, 2024.
The Government has compulsorily acquired under the Acquisition of Land for Public Purposes Act some 50 private properties, for the construction of the new Demerara River Bridge. Under that Act and the Constitution, the Government is required to pay compensation to the property owners equivalent to market value of the properties acquired. Since 2022, the Government began to negotiate a compensation package with each property owner. Unfortunately, agreements were not reached with 13 property owners. The law is clear on the matter, once the properties are acquired and title is vested in the State, the State is entitled to possession. Title to these properties were vested in the State several months ago. Therefore, the State is entitled to take possession of these properties with compensation to be determined at a later stage in accordance with the law.
However, the State decided not to enforce its strict legal rights which would have involved forcibly ejecting occupants from these premises. Instead, the State approached the High Court for orders of possession and for market value of these properties to be determined so that the compensation can be paid in compliance with the law. Since the filing of these proceedings, several of the property owners accepted the Government’s offer of compensation. However, some matters are still pending before the court.
Significantly, in written judgments delivered by Justice Navindra Singh in his ruling last week in each of the cases, the judge ordered less compensation than what the State offered the property owners as compensation. This was done after hearing evidence from the Government Valuation Officer and David Patterson, Valuation Officer, on behalf of the property owners.
Since 2022, the Government through various Ministers, including Mohabir Anil Nandlall, S.C., Attorney-General and Minister of Legal of Affairs, Collin Croal, Minister of Housing and Water, and Bishop Juan Edghill, Minister of Public Works, met with these property owners on several occasions with a view of arriving at a consensual compensation package. The Government retained a team of lawyers, and each property owner was advised to retain a lawyer of their choice for the purpose of the negotiations. 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 of these 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. Afterall, the legal titles for all these properties are already vested with the State.
In the proceedings determined by Justice Singh, Ronald Burch-Smith appeared for the Attorney-General and Roysdale Forde, S.C. and Dexter Smartt, for the property owners.
