Latest update February 3rd, 2025 7:00 AM
Jan 16, 2011 News
Government on Friday defended the cancellation of a land lease to Celina Resort claiming that it was forced to do so because of non-payment of rent.
Commissioner of Lands and Survey, Doorga Persaud, in a statement, said that Bernard Yhun was issued a lease for land at the seawall at Kitty in 2003, but rent was only received by the state-owned agency for the first year. Between 2004 and 2010 nothing was paid.
Yhun, through his lawyers, Manoj Narayan and Jainarayan Singh, moved to the court last week after the Guyana Lands and Survey Commission decided to repossess the land, sending notices to the businessman to remove erected structures from it.
The Commission, in a statement, explained that a lease numbered A15377, for a duration of 50 years, was issued on August 22, 2003 to Yhun for the establishment of a sea view resort.
“Mr. Yhun has only paid rental for the first year of the lease. No other payments were made to the GLSC concerning the said lease. He has been in default of the rental payments from 2004 to 2010 totaling $4,125,000.”
GLSC said it made repeated demands for payment of the outstanding rent but Yhun failed to comply with the demands, even though he had given several commitments to settle his outstanding indebtedness to the Commission.
“The Commission had no alternative but to commence legal proceedings against Mr. Yhun for the recovery of the outstanding rent. While the matter was engaging the attention of the Court, efforts were made to settle the outstanding arrears. These proved futile.”
GLSC claimed that it withdrew the matter from the Court and sought to enforce the condition of the lease regarding non-payment of rent.
“By notice published in the Official Gazette dated 20th and 27th November and 4th December, 2010, respectively, GLSC gave notice of its intention to cancel the said lease. The Commission gave seven days from the date of the last publication for any objection to the said cancellation. No objection was filed by Mr. Yhun or anyone else.”
On December 20, 2010, Yhun was informed that the lease was cancelled.
“A Second Notice dated 22nd December, 2010, was issued to Mr. Yhun informing him that he was in unlawful occupation of state land north of the seawall, Kitty. He was given three months from the date of the said notice to remove all buildings and erections from the said portion of state land and to deliver possession of the land to the Commissioner of Lands and Surveys.”
However, GLSC disclosed in its statement Friday, after the cancellation of the lease, Yhun “surprisingly” offered to pay part of the arrears rental.
“The Commission, recognising that Mr. Yhun had benefitted from the use of the land and not having paid rental for such use, issued a letter dated 29th December, 2010 informing Mr. Yhun of the total arrears due and of its willingness to consider his offer to pay monies due to the Commission.”
GLSC said it however pointed out clearly that the acceptance of the offer would not reverse the cancellation and re-possession of the 1.54 acres of land to Yhun.
“The Commission followed due process and complied with the conditions of the lease and the provisions of the State Lands Act, Chapter 62:01 throughout the duration of the matter. Mr. Bernard Yhun was given adequate opportunities to honour his obligations under the said lease but the Commission was not convinced of his seriousness to do so.”
Last week, Yhun’s lawyers sought orders to overturn GLSC’s decision to cancel the lease and bar the agency from moving to take down the resort and its structures.
Additionally, the attorneys wanted the court to compel the Commissioner and Commission to accept and receive from Yhun, the sum of $3,375,000, being arrears of rent due, owing and payable to the State in respect of the said portion of land.
The lease was for a term of 50 years, commencing from July 1, 2003, and rent of
$500,000 was to be paid for the first two years; $1M for the second two years; $1.5M for the third two years; and subject to revision every two years thereafter.
Following the granting of the lease, Yhun in court documents claimed that he applied for and obtained the requisite permission and approval from the Central Housing and Planning Authority, the Guyana Sea Defence Board, the Transport and Harbours Department and the Mayor and City Councillors of the City of Georgetown in respect of the building and construction of a tourist resort on the seaward side of the seawall to be called “Celina Atlantic Resort”.
Feb 03, 2025
Kaieteur Sports- The ExxonMobil Guyana Global Super League (GSL) 2025 has been confirmed to run from 8 to 18 July 2025. All 11 matches of the tournament will take place at the iconic Guyana National...Peeping Tom Kaieteur News- One might have expected that a ruling party basking in the largesse of oil wealth would chart... more
Antiguan Barbudan Ambassador to the United States, Sir Ronald Sanders By Sir Ronald Sanders Kaieteur News- The upcoming election... more
Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.
Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]