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High Court orders removal of vendors outside Demico House
Banks DIH has been the occupant of the property since 1960s and over the past few years but the vending situation outside the business place has worsened.
Kaieteur News – The High Court has granted orders to remove vendors and their structures from outside of Banks DIH Demico House, Stabroek, Georgetown.
The orders were granted by Justice, Navindra Singh. The Judge’s decision was handed down after an action was filed by Banks DIH Limited, which is the parent company for Demico House. The Judge issued the orders directing the two senior City Council officials to remove the vendors and their stands and structures and belongings from the pavement and surroundings outside the popular restaurant.
The orders are in keeping with an application presented by Attorney Reon Miller of the Boston and Boston Law firm on behalf of Banks DIH Limited.
They sought an order of mandamus directing officers of the Georgetown Mayor and City Council (M&CC) to remove or cause to be removed any person or persons leaving, placing, storing or causing to be stored, any cart, dray, barrel, box, dustbin, tent, palette, cooler, mobile stall and any other such movable items on the pavement, street or parapet surrounding the property at Demico House, Brickdam, Georgetown, Guyana.
The company also sought an order of mandamus directing the City Council to remove or cause to be removed, any cart, dray, barrel, box, dustbin, tent, palette, cooler, mobile stall and any other such movable items being stored on the pavement, street or parapet surrounding the property.
The third order of mandamus was to direct the City Council officers to remove, any person or persons leaving, placing, storing or causing to be stored, any cart, dray, barrel, box, dustbin, tent, palette, cooler, mobile stall and any other such movable items on the pavement, street or parapet surrounding Demico House.
The Town Clerk and the City Engineer who were both named as respondents were present at Wednesday’s hearing. They did not have a legal representation and opted not to object to the orders being granted.
In response to the orders being granted City Mayor Alfred Mentore told Kaieteur News that the Council was aware of the challenge “but there is nothing we could do about it.” “It’s not much you can do about a mandamus order. We have had those issues against us before and we had to act in accordance with the orders. The council has nonetheless been looking for some time now to come out with a proper plan to address the vending situation… We are not looking for a band aid solution but a more permanent fix to the problem,” Mentore said.
Even with the Court order handed down, many of the vendors remained defiant. They said they were served a notice to remove from the area with immediate effect, but they do not plan to move since they have no place to go. They are demanding a meeting of the Georgetown City Council with the hope of the Council finding an alternative location for them to transact their business.
Banks DIH said that it has been the occupant of the property since 1960s and over the past few years, the vending situation outside the business place has worsened with no attempt by the Council to address it. Banks DIH stated that the vending situation affected access to its business place which has resulted in severe financial loss. On November 3, last Muneshwers Limited secured similar orders from the High Court requiring the city to remove all encumbrances from the pavement and streets surrounding its Lots 9 and 10 Water, Commerce and Longden streets premises. As a result the Georgetown M&CC was compelled to issue notices to vendors as required by Section 10 of the City Government By-Laws and adopted under the Municipal and District Councils Act to remove all pallets, trays, tables, mannequins, barrels, cartons, and other encumbrances from pavements and streets immediately.
In accordance with the order, failure to comply with the notice will result in the Council removing the items.
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