A GROUP calling itself the Committee for the Defence of the Constitution Inc. and Desmond Trotman on Monday moved to the court by way of an originating notice of motion to repossess lands they alleged have been fraudulently developed at Plantations Goedverwagting and Sparendaam, East Coast Demerara better known as Pradoville 1 and 2 respectively. The originating motion accused the Bharrat Jagdeo government which ended in 2011 of hijacking lands that were “covertly conceived” to develop through the National Industrial and Commercial Investments Limited (NICIL) without Parliamentary knowledge or approval for selective housing purposes in 2010.
The applicants sought a declaration by the Court that the decision by Cabinet to authorise NICIL to approve the transformation of the state lands located at parcel 237 into 238 to Plantation Goedverwagting and parcel 172 into parcels 173 to 196 Plantation Sparendaam, East Coast Demerara without authorisation and approval of Parliament, the Central Housing and Planning Authority and other relevant statutory authorities is arbitrary, unconstitutional, unlawful, ultra vires, null and void, abinito, and of no legal effect.
Additionally, the applicants are seeking a declaration that the “surreptitious sale and transfer of the said fully developed parcels of State lands by the Executive at undervalued prices for parcels to ministers of the government, government officials, friends and cronies of the People’s Progressive Party without any recourse to a valuation or tender procedure or an invitation to the public that such lands are for sale is a wrongful and unlawful grant of facilities and benefits, a brazen and flagrant infringement of the aplicants and the citizens’ right to equality before the law” representing a violation of Article 149 D of the Constitution.
Additionally, the applicants requested a declaration that the purported conferment of benefits and facilities by Cabinet ministers and administrative actions of State on the purported purchasers of parcels of the said State lands to acquire titles for the said lands located at Plaisance and Goedverwagting is arbitrary, unconstitutional, unlawful, unreasonable and an abuse of power by the Executive.
The applicants believe that the holders of each parcel “have been accorded privileges or advantages by Cabinet ministers and administrative actions of the titles for state lands” located at Plaisance and Goedverwagting.
The applicants have also prayed that the court sets aside the purported sale and transfer to the “putative owners” of the identified lands. The declaration also requested that the court rule that the said properties be vested forthwith in the Minister of Finance on behalf of the State.
Likewise, a conservatory order under Article 153 of the Constitution prohibiting the Registrar of Lands from Registering or transferring in any form or manner encumbering any of the parcels of land has been requested. Pursuant to Article 153 of the Constitution, the Court can make orders, issue writs, give directions as it deems fit for the purpose of enforcing and securing the enforcement on behalf of the applicants and the Citizens of Guyana.
Massive expenditure
The applicants argued that the project involved an expenditure of hundreds of millions of dollars to develop the lands, to construct roads and drains, install water mains, electrical lines and remove a 300 feet state owned broadcasting tower and install same at Parfaite Harmonie, West Bank Demerara.
Accordingly, the applicants state that money was not authorised by Parliament for the development of the lands and as a result, they believe that former Minister of Finance, Ashni Singh wrongfully and unlawfully authorised NICIL to take money collected by government corporations such as the Guyana Geology and Mines Commission (GGMC), The Guyana Oil Company (GUYOIL) and the GFC to undertake such a venture. The applicants argued that the money collected should have been paid into the Consolidated Fund as is mandated by Article 216 of the Constitution. The Originating Notice of Motion was issued by Rex H. Mc Kay S.C., Neil Boston, Bettina Glasford and Brenden Glasford for the Applicants.