…Commission of Lands and Surveys says it had followed due process throughout the matter
Commissioner of Lands and Surveys, Mr. Doorga Persaud, yesterday issued a press release saying that the Celina Resort lease has been cancelled for non-payment of rent. The 50-year lease, issued in August, 2003, to Mr. Bernard Yhun, for state land north of the seawall at Kitty, contained a number of conditions, including the payment of rent.
“Mr. Yhun has only paid rental for the first year of the lease,” the release said.” No other payments were made to the Lands and Surveys Commission concerning the lease. He has been in default of the rental payments from 2004 to 2010, totalling $4, 125, 000.”
The release from the commission said that Yhun failed to comply with repeated demands for payment of the outstanding rent, “even though he had given several commitments to settle his outstanding indebtedness to the commission.”
And so the commission had no alternative but to commence legal proceedings against Yhun for the recovery of the outstanding rent. Even while the matter was engaging the attention of the court, the commission made further efforts to settle the arrears, but these proved futile.
The commission was then forced to withdraw the matter from the court and to enforce the condition of the lease regarding non-payment of rent.
The press release yesterday said, “ By notice published in the Official Gazette dated 20th and 27th November, and 4th December, 2010, respectively, the commission gave notice of its intention to cancel the lease. The commission gave seven days from the date of the last publication for any objection to the said cancellation.
“ No objection was filed by Mr. Yhun or anyone else.”
The release from the commission stated that by notice dated 20th December, 2010, Yhun was informed that the lease was cancelled, and a second notice two days later informed Yhun that he was in unlawful possession of state land north of the Kitty Seawall, and he was being given three months to  remove all buildings and erections from the land and deliver possession to the Commissioner of Lands and Surveys.
In its release, the commission observed that after the cancellation of the lease, Mr. Yhun surprisingly offered to pay part of the arrears rental.
The commission replied, informing Yhun of the total amount due and of its willingness to consider his offer to pay, stating clearly that the commission’s acceptance of the offer would not reverse the cancellation and repossession of the land.
The commission is contending that it had followed due process and had complied with the conditions of the lease and the provisions of the State Lands Act, Chapter 62:01, throughout the duration of the matter.
“Mr. Bernard Yhun was given adequate opportunities to honour his obligations under the said lease, but the commission was not convinced of his seriousness to do so,” the release concluded.

However, Yhun has challenged the commission’s authority to remove him and has been granted temporary orders by Justice Diana Insanally restraining the commission from taking steps to remove him from the land.

The commission is also being asked to show cause why it should not be compelled to accept the rent due.
The matter is expected to come up again for hearing later this month.