Judge reserves decision…
THE Applicants, Mohan Lall Dwarka and Chandra Dwarka, proprietors of a liquor restaurant,  who had been given permission to construct a shed at Sea Field, West Coast Demerara,  awoke 11 years later to find a notice of violation from Chief Works Officer, ordering that the shed be pulled down. The notice pointed out  that failure to comply with the notice would result  in such obstruction being removed.
As a consequence, an application for writs of  certiorari  and prohibition was filed by  the  applicants and, on 20th  October, 2009, an order was made directing Rickford Lowe, Chief Works Officer  and the Attorney General to show cause why a writ of certiorari should not be issued  to quash the decision/instruction of  the said Chief Works Officer as contained in a Notice of Violation dated  7th October,  2009, to dismantle a shed attached  to his said building situated at Lot 18 Leonora  Sea Field, West Coast, Demerara, after the said  construction  of the shed was approved by the Stewartville/Cornelia Ida Neighbourhood Democratic Council (NDC).

During the submissions and arguments that  followed, the applicants were represented by Attorney-at-Law Mr. Jainarayan Singh (a former High Court Judge), while the respondents  were represented by Ms.  Damone Young of the Attorney  General’s Chambers.

The Judge, Justice Dianne Insanally, who heard the application, was told that a ‘road reserve’ does not come under the provisions of the Roads Act Chapter 51:01.

“It is not denied by the respondents that there was, in existence, such an order by the minister for the past 40 years,  the Neighbourhood Democratic Council has  given permission for persons to build minor structures  on Government land .

“It is  humbly submitted  that the Stewartville/Cornelia Ida Neighbourhood  Democratic  Council did have the power  to issue permission to build the shed in question herein.
“The Applicants complied with all the requirements necessary  and  known to them in 1998 for the building of their shed,  which has been standing  and has been repaired  within  a period of 12 years.  The shed is on the Leonora Public Road, a busy highway on the West Coast, Demerara open to all and sundry to view. It is submitted  that even if  Mr. Rickford Lowe has the authority which is claimed , to order the demolition  of the shed, in keeping with the doctrine of laches, he has waited too long, 12 years, to lodge the objection.”

In his final submission, Mr. Jainarayan Singh, for the applicants, stated that his clients had complied with the law, expended large sums on the shed over the years, and will suffer grave financial issues, as the shed  is attached to their home and business,  which, it is respectfully submitted,  is in breach of  the principles of natural justice if they are ordered to remove it.
“In the circumstances, it is prayed that this Honourable court will find that the respondents have shown no cause why the decision  of the Chief Works Officer should not be quashed,” lawyer Jainarayan Singh said.
Justice Madame Insanally, has reserved her decision.