Latest update February 4th, 2025 9:06 AM
Mar 08, 2009 News
A furniture manufacturer may be forced to cease operation upon receipt of a court order issued by Justice William Ramlal. The manufacturer has an operation in the residential community of Section B, Enterprise East Coast Demarara.
The order was made by Justice William Ramlal on February 27 last against businessman Ramesh Tagore, called Dhara, who operates a furniture-making establishment at his residential home, much to the annoyance of his neighbours.
Yesterday, the businessman was still using his machines, which produce dust, spray-painting fumes and noise.
The matter has its genesis in a complaint filed by one of the businessman’s neighbours to the Central Housing and Planning Authority (CHPA).
The resident, Nirmala Heeralall, had moved to the courts seeking an injunction to suspend the operations of a furniture-making establishment in the community, citing environmental hazards.
She had sought to have the Ministry of Housing intervene meaningfully in the matter, since the transport for the property prohibits any industrial activity in the community.
According to the transport, no chemical (toxic or non-toxic) shall be stored in the building on the said lot, and the said building shall not be used for any activity of an industrial nature.
Tagore has been operating the woodworking establishment for the past four years, much to the annoyance of those around him.
This is despite several attempts to have the relevant authorities intervene.
Heeralall, a schoolteacher, said that she has written to the Environmental Protection Agency, the Central Housing and Planning Authority, and the Regional Democratic Council, but nothing has been done.
She had even moved to the court to address the matter, but instead the businessman was granted a time guideline to operate his business when the matter was first heard by Justice Winston Patterson on June 17, 2008.
However the CHPA, through its attorney, Robert Ramcharran, had moved to the court to prevent the furniture-maker from continuing his operation.
Upon hearing the ex-parte application by the CHPA, which was filed on April 16 last year, Justice Ramlal cancelled the order made by his colleague Justice Winston Patterson.
The court noted that to allow the businessman to continue using his residential lot as described by his transport for commercial purposes would be to condone an illegality.
Justice Ramlal then ordered that Tagore cease his operations immediately, unless he obtains the written approval from the CHPA to operate a furniture workshop at his address.
The judge also ordered that Tagore pay costs of $25,000 before the filing of any further proceedings in the matter.
According to Heeralall, Tagore was present when Justice Ramlal made the order, and therefore he has no excuse not to comply.
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