Court orders disclosure of bridge contract, other documents in legal battle over Peter’s Hall properties

Sep 25, 2024 Court Stories, Features / Columnists, News

An artist’s impression of the new Demerara River Bridge

Kaieteur News – The High Court has ordered that the contract disclosure of several documents including contract in relation to the construction of the new Demerara River Bridge, the case filed for the acquisition of privately owned properties at Peter’s Hall.

In the case filed on behalf of the State, property owner, Merlynn Thomas through her lawyer, Senior Counsel Roysdale Forde requested that the copies be disclosed to the court as part of her defence.

High Court Justice Jacqueline Josiah Graham had previously denied the request made by Attorney General and Minister of Legal Affairs, Anil Nandlall SC on behalf of the State for the compulsory acquisition of lands at Peter’s Hall, East Bank Demerara, for use in the construction of Crossing.

Thomas is one of the residents challenging the State for adequate compensation for the properties that the Governments actively seeks to acquire in its pursuit to construct the new Demerara River Bridge. The residents have raised contention over the compensation being offered by the government for their properties. The main issue pointed out to the court is the notable variation between the valuation of the properties by the State valuation officer and the private valuation officers.

The case was filed on September 13, 2024. Since then, the High Court has ordered that the State legal representatives to provide to the respondent and the Court, copies of the Contract for the construction of the new Demerara Harbour Bridge between the Ministry of Public Works and a JV led by China Railway Construction Incorporated as well as all compensation agreements whether entered into by the Government of Guyana directly or through any of its Agencies and Authorities, to purchase and acquire any of the properties which fall under the scheme of lands required for the construction of the New Demerara Harbour Bridge including all notices informing Ms. Thomas of the intention to commence construction.

The Court also ordered that the State provides any reports by the Environmental Protection Agency in respect of the commencement of construction the new Demerara Harbour Bridge and the general impact of the commencement of construction the new Demerara Harbour Bridge on residents.

Additionally, it was ordered that the documents relating to the payment of compensation by the Government of Guyana directly or through any of its agencies and authorities, to purchase and acquire Lot 50 Public Road, Plantation Peter’s Hall, East Bank Demerara, owned by Amin Baksh [another resident], inclusive of the recommendation made by Mr. Rawle Aaron in respect of payment for the purchase price and or compensation of the said Lot 50 Public Road, Plantation Peter’s Hall, East Bank Demerara.

The Government brought lawsuits against Peter’s Hall residents, Virieene Fredricks, Vashti Fredricks, Pearl Layne, Merlynn Thomas, Joann Stewart, and Malcolm Thomas for compulsory acquisition of their lands for public use. In accordance with the application filed, lawyers arguing the case on behalf of the Government of Guyana contended that Section 7 of the Acquisition of Lands Act grants the State the right to immediate possession of the lands. However, counsel for the residents, Forde has argued among other things that the residents should be compensated adequately for their properties. Among the contentions raised before the court is the valuation of the properties at the center of the dispute.

Accordingly, the attention of the court was drawn to the value of the property after evaluation by the government valuation officer and the value of the property by private evaluators. It was pointed out that the value difference is notable; hence the dispute. The order issued by Justice Josiah-Graham stated that the trial is to be expedited to determine fair compensation and just resolution for the suits.

The judge in refusing the State’s request for immediate possession said that the Court is mindful that the construction of the bridge over the Demerara River is aimed at improving transportation and connectivity between regions, which can facilitate not only easy access by citizens but also enhance commerce, tourism, and overall economic development. The bridge is expected to enhance access to essential services and markets, thereby contributing to economic growth and community welfare.

“The bridge can be seen as part of a broader infrastructure development strategy that may lead to improved public services. Enhancements in infrastructure can attract investments create jobs and reduce travel time, all of which generally serve the public interest. However, in the face of these goods, the actions taken by the government or project developers to acquire land or properties must be tempered with considerations of fairness and equity,” the court underscored. As such, it was ordered that the trial of the matter be expedited to determine fair compensation and a just resolution of the suits. Further, the parties are encouraged to settle the matter amicably.