Judge convinced squatters made mad dash for lands

HIGH Court judge Nolan Bereaux is convinced that there was a grab for land by squatters at Tarouba Village at the beginning of this year. In dismissing a case last week, filed by the squatters against the National Housing Authority’s (NHA) evicting them, Justice Bereaux stated in a 26-page judgment that indeed there was a “land grab” with squatters recently arriving on the lands in large numbers. The judge expressed the view that the NHA, in carrying out Government’s housing policy, must fullfil its obligations in providing 31,000 people with homes. In fact, the judge added, the interest of those who have applied to the NHA for housing cannot be held to be “subservient to the applicants (squatters)”. Team Unity political leader and former Attorney General Ramesh Lawrence Maharaj SC recently took up the plight of some 85 squatters when earlier this year, NHA served eviction notices on several of the squatters. Justice Prakash Moosai granted an injunction restraining the NHA pending hearing and determination of an application for the High Court’s review of the NHA’s decision to evict.

Two Wednesdays ago, Justice Bereaux dismissed the squatters’ case and ordered them to pay the NHA’s legal cost. Justice Bereaux agreed with NHA’s contention’s that there was a dramatic increase in the number of houses earlier this year. The NHA records, according to the judgment, showed that there were 12 houses on the lands but in 2003, the number increased to 100. Quoting the NHA’s chief executive officer’s affidavit, Justice Bereaux stated that Tarouba North was earmarked for construction of 200 houses this year and another 200 next year. Even after the High Court injunction earlier this year, he added, persons apparently invaded the lands. The squatters were represented by Maharaj, Sunil Gopaul Gosine, instructed by Garnet Mungalsingh. Defending the action against the NHA was Russell Martineau SC instructed by attorney Deborah Peake. In fact, Justice Bereaux stated, there were also houses with absentee owners living elsewhere who permitted friends and relatives to live in them. One such person the judge described, was as an emissary of the Member of Parliament for the area (Pointe-a-Pierre) who claimed to have occupied a house on the lands. Justice Bereaux stated that such inaccuracies created an impression of an action filed in haste with little regard for truth and accuracy. He stated, “Litigants who move the court for ex-parte relief must be careful to ensure, notwithstanding the need for speed or, the urgency of the matter, that those facts as are put forward, are true and within their own knowledge.”

Justice Bereaux dismissed the squatters claim that an NHA letter to one of the squatters, amounted to a legitimate expectation to be given possession of the land. The letter was addressed to one squatter and not all or even some, Justice Bereaux stated. “It made no specific promise, undertaking or guarantee of regularisation of his or their status, or of granting him or to them, lots at Tarouba,” Justice Bereaux stated in his judgement. Justice Bereaux then went on to state, “but the evidence as a whole is sufficiently compelling to have driven me to conclude that there was indeed a ‘land grab’ by these applicants. The photos of the respondents (NHA) and indeed those of the applicants (squatters) indicate that with few exceptions, these applicants have only recently arrived in Tarouba and in large numbers. In addition, the judge said, the sudden disappearance of 16 persons also lends considerable credibility to the land grab allegation. Justice Bereaux stated that however sympathetic one might be for the plight of squatters, the law recognises the right of the lawful owner to evict them.