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State to settle case over trespass of WBD land for GTE project-AG
Kaieteur News- The office of the Attorney General is moving towards settling the case filed by Malcolm Caryl, a West Bank Demerara resident, who is claiming over $20 million in damages for trespassing by the Ministry of Natural Resources’ Gas-to-Energy task force.
In an invited comment, Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall SC, explained that the relevant agencies and the Gas-to-Energy Task Force made an error when they drew the plan for the properties to be acquired for the project and did not include Caryl’s property.
The Gas-to-Energy project will use Guyana’s offshore natural gas to facilitate a reduction in the cost of power.
As a result of “the unfortunate oversight,” by the state agencies, the AG said steps are actively being pursued for the parties involved to reach an amicable settlement.
In the court action filed, Caryl noted that a concrete foundation and a long pole are on a portion of his land in preparation for an apparent connection to the transmission lines owned and controlled by Guyana Power and Light (GPL).
As a result, the businessman said he is unable to get the use and benefit of a substantial portion of his land, resulting in him suffering loss and damages.
In their response to the lawsuit, AG Nandlall noted that the objective of the project, specifically the transmission expansion and upgrade, is to improve reliability and stability of Guyana’s electricity grid, to produce low cost electricity to users in Guyana, with generation costs expected to be less than half the current cost derived from imported heavy fuel oil; and with significantly lower greenhouse gas and other air emissions, compared to Guyana’s current power plants that run on heavy fuel oil.
In response to the claim, the AG’s office noted when Caryl presented his transport for the land on November 12, 2024, this was the first time that the GTE task force became aware of any such claim.
“At all material times, the GTE task force, and by extension, independent contractor, Kalpataru Projects International (“KPIL”) which erected the transmission line, acted in good faith and on the genuine belief, based upon a Cadastral Survey Plan prepared by sworn land surveyor Julian Bennons, dated June 22, 2023, which indicated that the subject land was government reserve land, as is most of the area along which the transmission poles are being erected in Vreed-en-Hoop, West Bank Demerara,” the court document filed by the AG’s office said.
The document noted that prior to the commencement of construction, sensitization activities were conducted in the Vreed-en-Hoop area and public notices were issued inviting affected persons to raise concerns and/or objections.
It pointed out that Caryl did not participate in these consultations, nor did he object at any time prior to or during the erection of the transmission line pole on the land.
The sensitisation sessions were carried out by Minister Deodat Indar, various agencies and the Chairman of the Neighborhood Democratic Council for Klien/Pouderoyen in June – July 2024, and multiple site visits were conducted in the area.
According to the court documents, the defendant (state) further contends that the subject land was not included in the initial acquisition notices due to the reasonable and genuine belief, based on official records, that the land was government-owned.
The state argues that at all material times, the entire subject land was overtaken by high bushes and appeared to be in a state of abandonment.
As a result, the state contends that the reliefs which the claimant seeks would not only be impractical, but against the public interest at large, given that the acquisition is for a public purpose, for an urgent and necessary public utility project, and in the interest of national development.
The state denies that the claimant is entitled to exemplary damages. The defendant and or its servants/ agents entered upon the said portion of the subject land on the genuine albeit mistaken belief that same was government-owned; any actions and or omissions of the defendant and/or its agents were bona fides and not egregious, malicious or negligent.
In the circumstances, the state has asked the court to refuse the orders sought by the claimant to allow for the appropriate process for land acquisition and compensation.
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One thought on “State to settle case over trespass of WBD land for GTE project-AG”
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Sir. Ronald Sanders
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Anil should stop the run-around and pay the rightful land owner $20 million
for illegal trespass, confiscation of his property. The surveyor would also
be liable jointly with the Government for his false survey, claim that THIS
LAND HERE IS OWNED BY GOVERNMENT, when in fact, the property
owner holds valid transport. SHAME ON NANDLALL..