By Richard Bhainie

A whopping $27 million was paid pursuant to a Memorandum of Understanding (MoU) between JANICO Industrial Engineering Limited and the Guyana Lands and Surveys Commission (GL&SC) for the leasing of State lands that are seemingly non-existent.

The MoU, seen by the Guyana Chronicle, was entered into by then GL&SC Commissioner, Trevor Benn and JANICO Industrial Engineering Limited, on May 8, 2017, for the leasing of six acres of State land at Ogle, East Coast Demerara.

However, a letter seen by this publication, from GL&SC Commissioner (ag) Enrique Monize to the Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C., seeking guidance on the matter, explained that there are no such lands under the control of GL&SC.

“I have caused a research to be done and I have been unable to determine any vacant, available land under the control of the Guyana Lands and Surveys Commission,” the letter noted.

“Plantation Ogle has always been property of GuySuCo, except for such lands that were handed over to the government for the airport and to CH&PA for any schemes. The lands in the rear of Ogle were previously State lands leased also to GuySuCo, but now vested in NICIL,” the letter further stated.

The MoU states that GL&SC commits to leasing JANICO Industrial Engineering Limited the land for a term of 50 years with a rent of $200,000 per acre annually.

As part of the agreement, JANICO Industrial Engineering Limited was obligated to pay the $27 million to GL&SC in two installments– one upon the signing of the MoU and the balance on or before November 4, 2017 or the date of issuance of the lease, whichever was the earlier.

A provisional lease dated March 27, 2020 stated that permission was granted to JANICO Industrial Engineering Limited “under Section 7 (1) of the State Lands Regulations made under Section 17 of the State Lands Act Chapter 62:02 with effect from 02-01-2020 on a tract of 6 acres if State Land, situate at Ogle, East Coast Demerara. Applied for on the 08-05-2017 for Industrial and Commercial Purpose”

The provisional lease further stated that “final boundaries will be established upon the completion of a Cadastral survey by the Commission”.

The law firm representing JANICO Industrial Engineering Limited had written to Commissioner (ag) Monize in December last year indicating that both installments were paid in full. However, despite several months elapsing, a full State Land Lease was not issued.

Monize, on January 28, wrote to the Attorney-General seeking guidance on the matter “since the GL&SC lacks the experience capacity to deal with such sensitive issues”.

The Attorney-General, in a letter seen by this publication on the subject matter, advised Monize that the issuance of a provisional lease, over lands which GL&SC “has no ostensible authority” has raised serious criminal law implications and may amount to the commission of several criminal offences.

“In these circumstances, I advise that this matter be immediately reported to the Criminal Investigations Department, Guyana Police Force, for investigations and possible onward transmission to the office of the Police Legal Advisor/ Director of Public Prosecutions for legal advice and/or charges to be filed,” the letter stated.

He also advised that the Attorneys-at-law representing JANICO Industrial Engineering Limited be informed accordingly.