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High Court grants injunction to halt three-storey construction

Nov 21, 2009 News

The Eccles/Ramsburg Neighbourhood Democratic Council has secured an injunction against Mookram, who is constructing a three-storey house at Eccles, and the Central Housing and Planning Authority.
The injunction has halted the construction of the building on Tract ‘A’ and Tract ‘B’, Plantation Peter’s Hall, East Bank Demerara. The injunction was granted on Wednesday in the High Court before Justice Franklin Holder.
It will remain in force until December 8 when the defendants are expected to mount a challenge.
The Eccles/Ramsburg NDC through its lawyers, Anil Nandlall, Euclin Gomes, and Manoj Narayan, are contending that the three-storey building being constructed is illegal, unlawful and in breach of and contrary to the provisions of the Local Government Act, Chapter 28:02. They further contend that the Planning Permission for Building Works granted by the CHPA to Mookram to construct a commercial kitchen is unlawful, illegal, null, void and of no effect.
Reasons cited in the writ for the injunction are that the defendant has encroached upon the NDC’s land; that the building application form was not properly signed by the CHPA and that the land is a main drainage reserve.
Additionally, on November 17, 2009, the Public Health Inspector issued a cease order under the Public Health Ordinance directed to Mookram to cease construction with immediate effect.
The said plot of land was formerly owned by the Guyana Sugar Corporation and the same included a central drainage trench which was used to drain the Peter’s Hall locality.
“Upon acquisition of the said plot of land in the year 2000, the First Named Respondent/Defendant commenced land-filling of the said drainage trench and a dispute immediately arose between the Applicant/Plaintiff and the First Named Respondent/Defendant in relation thereto.
“As a result, the First Named Respondent/Defendant proposed to construct certain reinforced concrete drains which would act as a substitute for the drainage trench which was being filled,” the writ stated.
“The First Named Respondent/Defendant (Mookram) is now in the process of constructing what appears to be a three (3) storied edifice without making any provisions or adequate provisions for suitable drainage facility in respect of the said plot of land.”
Up until the injunction Mookram refused to comply with the said Cease Order.

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