NHA wins court battle over lands

SOME 67 residents who have been occupying lands at Tarouba Village, just off San Fernando, yesterday lost their case against the National Housing Authority (NHA) against eviction.

NHA had issued notices earlier this year to the residents to give up possession of the lands. The NHA had contended that the residents were illegally squatting. The affected residents applied for judicial review of the Authority’s decision. They were granted an injunction by a High Court judge against the NHA, preventing the Authority from interfering with the residents and their continued occupation of the land, pending the outcome of the legal application. Attorneys for the residents, Ramesh Lawrence Maharaj SC, instructed by attorneys Garnet Mungalsing and Sunil Gosine, argued the case before Justice Nolan Bereaux in the San Fernando High Court. Maharaj contended that by virtue of the number of years the residents were in occupation of the land, NHA’s notices for them to quit occupation was illegal. Maharaj argued that the residents had a right to be heard. Attorney Russell Martineau SC represented the NHA.

Yesterday, the residents packed the Second Civil Court for the hearing of the judgment. Justice Bereaux announced that the application by the residents was dismissed. The judge ordered the residents named in the action to pay the legal cost fit for senior and junior attorneys. Justice Bereaux said his written judgment would be available on Monday from the Registrar of the High Court. Gosine requested Justice Bereaux to grant a stay of execution of his judgment pending an appeal against the ruling. The judge said that he did not think that his jurisdiction extended to granting such a stay in judicial review cases. Attorney Glenda Edwards, who held brief for Martineau, argued against the stay, submitting that those (NHA) who observe the law should not be penalised. Justice Bereaux adjourned the sitting for 15 minutes and then returned to annouce that he was granting an injunction for seven days. The effect of the injunction, the judge said, meant that NHA would be prevented from taking any action against the squatters. This, however, the judge added, would only have effect until the period of the filing of the appeal in the Court of Appeal against his decision. The squatters, some of whom told Newsday they had been living on lands for the past 15 years, were seen wiping away tears as they left the courtroom.