–upholds government’s right to State lands

THE High Court has dismissed lawsuits filed by six squatters from Mocha Arcadia, affirming the government’s right to reclaim State lands needed for national development.
The ruling was handed down by Chief Justice Roxane George on Friday, February 7, 2025, effectively rejecting the claimants’ efforts to assert prescriptive rights over the property.

The case stemmed from the government’s decision to clear lands at Block ‘X’ Plantation Herstelling, East Bank Demerara, to facilitate the construction of the four-lane Heroes Highway.
The squatters had resisted relocation despite multiple notices from the Central Housing and Planning Authority (CH&PA), and offers of alternative housing solutions.

The applicants, who had taken legal action against the Attorney-General, the CH&PA, and the Guyana Sugar Corporation (GuySuCo ), argued that their constitutional rights had been violated. They sought over G$200 million in damages, citing breaches of protection from inhumane treatment, deprivation of property, and arbitrary entry.

However, the Chief Justice dismissed their claims, ruling that they had no legal rights or ownership over the lands.

In her ruling, the Chief Justice found that:
The applicants had failed to provide evidence proving their prescriptive rights before the enactment of the Title to Land (Prescription and Limitation) Amendment Act 2011.
The CH&PA had consistently informed them that the lands were required for the highway project, and could not be regularised.

Despite the CH&PA’s multiple notices and relocation offers, the six remaining squatters refused to vacate, making them trespassers.
Claims for financial damages lacked supporting evidence, including tax returns or business records.

Allegations of constitutional breaches were unsubstantiated, and lacked credibility.
Additionally, the court rejected testimony from Opposition Member of Parliament Nima Flue-Bess, deeming it lacking in relevance and specificity. The claim against GuySuCo was also dismissed, as the company no longer had ownership of the lands, which had been vested in the National Industrial and Commercial Investments Limited (NICIL) in 2017.

The ruling underscores the government’s authority over State lands, and the implications for illegal land occupation, particularly in areas earmarked for public infrastructure. The Chief Justice emphasised that individuals who occupy government reserves and parapets without authorization could face similar legal consequences.

With the dismissal of the case, the Attorney- General’s Chambers, CH&PA, and GuySuCO were awarded significant legal costs, which the squatters are required to pay by June 3, 2025.

The Attorney General’s Chambers was represented by Attorney-General Mohabir Anil Nandlall, SC, MP, along with Deputy Solicitor General Shoshanna V. Lall and State Counsels Shania S. Persaud, Mohanie Sudama, and Marnice Hestick. The CH&PA was represented by Attorneys-at-Law Darshan Ramdhani, KC, and Arudranauth Gossai, while GuySuCo was represented by Kamal Ramkarran and Rafiq-Khan, SC. The applicants were represented by Attorneys-at-Law Vivian M. Williams and Lyndon Amsterdam.

The ruling serves as a landmark decision in addressing squatting on public lands, reinforcing the government’s stance on land use for national development.