Bel Air Park playfield … Council seeks to have Court Order set aside

Feb 02, 2018 News

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The Georgetown Mayor and City Council,(M&CC) has approached the Court in a bid to have a ruling by Justice Gino Persaud pertaining to a plot of community land located at Bel Air Park, Georgetown, set aside.
Attorney for the M&CC, Roger Yearwood, filed proceedings requesting that the judgment be set aside and a stay be granted against the execution of the order.
Based on the application made, a hearing is set to take place before the said Judge (Gino Persaud) at the High Court on February 12, 2018.
In the notice of application, Yearwood is claiming that the procedure that obtains in relation to the order granted was somehow breached.
The lawyer essentially based his application on the ground that the council was not given sufficient time to prepare for the action brought against it by Attorney-at-law, and resident of Bel Air Park, Devindra Kissoon.
The land at the centre of the contention is located along Eping Avenue, Bel Air Park Georgetown and was earmarked as the community playground.
However Kissoon, a founding partner of London House Chambers (Law Firm), sued the M&CC and Central Housing and Planning Authority after attempts were made the Council to develop community reserve property for the purpose of housing.
Justice Gino Persaud had handed down a decision which essentially blocked the M&CC intention to sell or lease reserved community lands to a private developer.
However, the Council through its lawyer is contending that Court order was granted and the Council was allowed sufficient time to prepare a defence.
Yearwood claims that on all occasions there was a break down in efficiency regarding the timely sending of the document to the Council’s legal advisor (himself).
To further back up claims that he was not apprised and given sufficient time to prepare a defence in the matter, Yearwood said when the judgment was delivered on January 8 last, he was only notified after a Marshal of the High Court announced the matter in a loud cry.
On January 8, a legal advisor to council Roger Yearwood was on the corridors of the Georgetown Supreme Court when a Marshal of the High Court announced the matter in a loud cry and asked if there was anyone there on behalf of the Council and Royston King.”
Yearwood is said to have indicated that he usually represents the Council but was not aware of the matter.
He said he was eventually invited into the Judge’s Chambers where he met with attorneys representing the other side. He then indicated to Court that he needed time to communicate with the Town Clerk, (Royston King) and apprise himself before making a defence on behalf of the Council.
Yearwood said his request was met with objections from the opposing team who claimed that the Town Clerk was notified on two occasions.
He said that the Court therefore granted the Order. It is on that ground, however, that Yearwood believes that the Court Order, infringes on Council rights under Article 142 of the Constitution of Guyana.
The lawyer is therefore contending that he believes that the universal and constitutional law that no man should be deprived of his right to his property unless afforded a reasonable opportunity to be heard was contravened.
According to court documents, the Council had intended to sell or lease reserved community lands to a private developer.
The Council was in negotiations with local housing developer, Terrence Taljit, to transfer to him prime community lands to him despite a restriction on the transport of the property for use as community purposes only.
The plot of land is earmarked by the Council to construct housing for top members of the City Administration. Court documents revealed that the property historically existed as an open space, first as an air field then as a horse race course and thereafter was maintained by the M&CC and Housing Department from the 1960s through the 1990’s as a park, used by residents as a playground and cricket field.
However, the land has since been taken over by weeds and overgrown.
In his ruling on January 8, last, Justice Persaud declared that the M&CC is permanently restrained from using a community reserve property in Bel Air Park for housing.
Central Housing consented to an order that the land is reserved for community purposes and Justice Persaud restrained the M&CC. Justice Persaud also ordered that the Council had a duty to maintain the property.
Residents in the area had expressed disgust that the Town Clerk and Mayor would vote at a council meeting to take community land for personal housing, despite the existence of the covenant and despite the obvious conflict.

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