New court action ensues over Parika squatters

Jun 15, 2018 News

A new court action is set to emerge from the decade-old fight between residents of Parika Façade and squatters on plots of land located along a State reserve of the East Bank Essequibo community.
Speaking to Kaieteur News yesterday, Attorney -at- law Leslie Sobers explained that in the past the residents of Parika Façade, whom he represents, have been unsuccessful in their legal pursuit to have the Regional administration intervene and remove squatters living on the government reserve.
Sobers further informed this publication that the issue is one which caused his clients much discomfiture since not only are they squatters on the reserve land, but their houses are constructed in such a manner that it is obstructing free access to their properties. The lawyer noted that the unease is also due to the fact that in some cases the squatters have placed latrines (toilets) right in front of the residences of legitimate homeowners.
Sobers noted that after complaints to the Regional authorities proved futile, his clients had moved to the High Court in 2014, in an attempt to compel the overseer of Mora Neighbourhood Democratic Council, (NDC) to take appropriate action on their behalf.
However, the lawyer said that the High Court’s determination was not in favour of his clients. The then Chief Justice (ag) Ian Chang had ruled that among other things, it is not the function of the Court to dictate to the overseer how to exercise her power, in relation to removing structures from along the reserve.
Sobers said that since that ruling, no further legal action was taken. However, he noted a new court action will soon ensue since the squatting has worsened.
“We now have squatters attempting to sell the land along the reserve which is clearly illegal,” the attorney added. He said that he is currently in discussions with clients to take the matter to the courts again.
In 2014, Sobers represented some fifteen persons from the Parika Façade community. Among them was Khrishnawattie Sebalak, who along with her husband, Ricardo Sebalak, are the title holders of a parcel of land at Parika Façade.
According to court documents, the couple had built their matrimonial home and are residing at Parika Façade which is under the Administrative jurisdiction of the Mora/Parika Neighbourhood Democratic Council (N.D.C).
However, Sebalak explained that several persons had erected structures along the said reserve, directly in front of their property effectively obstructing, blocking, disturbing and hindering the ingress and egress into and from the said properties and the only access to Parika Façade Access Road.
Sebalak told the Court that their property is blocked by two structures. She said that they had reported the matter to the N.D.C , which sent notices to the persons who have erected the structures along the reserve calling upon them to remove the illegal structures – but to no avail.
“Despite those notices, the said persons have failed to remove the said structures and continue to have them on the reserve,” the applicant complained.
Sebalak said too that she and her husband together with other neighbours had filed a Writ against the persons who had erected the structures, claiming damages in excess of $1M for wrongfully obstructing their way and an injunction to remove the structures. Yet, the persons have not removed the structures.
She deposed that she called upon the Overseer and the Chairman of the N.D.C to remove the structures which are denying them their right of access to the public road. But, the N.D.C has done nothing in that regard. She expressed fears that, unless compelled to do so, the Overseer of the said N.D.C will continue to not remove the offending structures.

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