Valencia homes spared, for now

Justice Frank Seepersad granted the injunction yesterday in an emergency sitting at the San Fernando High Court, after attorneys for two squatters filed a constitutional claim against the Commissioner of State Lands.

The squatters - Annesa Maharaj and Ashminee Joseph - claim they have been occupying the lands at Pine Avenue for more than 30 years.

Maharaj and Joseph are represented by attorneys Gerald Ramdeen, Wayne Sturge, Kent Samlal, Sean Sobers and Arianna Khan.

The emergency injunction will remain in place until the hearing and determination of the squatters’ claim or until further ordered.

They are claiming their rights to enjoyment of property and protection by law were infringed as they contend the State Suits Limitation Ordinance protects them from attempts by the State to repossess State lands once they have been living on the property for 30 years.

They also contended that they have expressed intention to possess the lands as their own, as prescribed for in the Ordinance.

According to the two women, Maharaj’s home with others were demolished by a crew of police and soldiers on May 15.

In all 15 homes were demolished and the two said they were told that another crew were expected to return today (May 22) to complete the demolition of Joseph’s home.

For two days, residents of Pine Avenue held fiery protests condemning the action of the Commissioner of State Lands.

In his ruling yesterday, Justice Seepersad held that although the grant of an interim conservatory order was an exceptional constitutional remedy, having reviewed the evidence - which included documented evidence in relation to the lands dating back to 1986 as well as photographs which suggested that the lands were being occupied at that time - and the nature of the structures on the land, the court was of the view that the balance of justice warranted the exercise of its discretion to issue the injunction.

According to Maharaj, who is in a common-law relationship with Joseph’s son, the land was gifted to them by Joseph and they spent over $800,000 in building their home.

She said Joseph has never received notice from the State since she began occupying the land in 1983.

She also said no one has ever disputed their occupation of the lands and each year they have planted crops and reared animals on the property.

According to Maharaj, on May 15, she was shocked and terrified when she saw soldiers bulldozing her home.

She also said a woman, identifying herself as the ‘Commissioner’ was directing the soldiers. She and her husband were also prevented by the police from entering the house to remove their belongings.

Maharaj and her husband were unable to salvage much and were forced to move in with Joseph.

Last week, Attorney General Faris Al-Rawi said the government was seeking answers from the Commissioner of State Lands about the recent decision to demolish squatters’ homes at Pine Avenue.

Al-Rawi said neither Housing Minister Randall Mitchell, Agriculture Minister Clarence Rambharat, the Chief State Solicitor nor himself had any prior knowledge that the demolition would take place.

“It has not originated from ministerial, Cabinet or AG’s office,” he said.

“In light of the severity of the action taken, I can confirm that I have been calling for the Commissioner of State Lands to meet with every single day since the 15th.” However he said the Commissioner has not responded to any of his requests for a meeting to date. Al-Rawi said he was quite concerned because he,” would like to understand the action that was taken and where the advice to take that action came from.” Al-Rawi said it would be unusual for the Commissioner to act independently on these kinds of matters and this is why he is seeking clarity.