Club Pigeon Point operators cry discrimination

THE ACTION being taken by the Tobago House of Assembly to acquire lands at Pigeon Point, Tobago, is arbitrary and highly oppressive, and as such the THA could not rely on the protection of the Land Acquisition Act, according to attorney for Club Pigeon Point Dr Fenton Ramsahoye QC. Dr Ramsahoye made this point while presenting legal arguments before Justice Joseph Tam in the Port-of-Spain Fifth Civil Court yesterday. He is attempting to get the court to grant an injunction to block the State from compulsorily acquiring the Pigeon Point Beach Resort before the substantial motion is heard. Justice Tam, however, informed the attorneys that he needed some time to look through the various legal documents presented to the court. He then adjourned the case to Friday August 15. Dr Ramsahoye and Rikki Harnanan instructed by Adrian Byrne are appearing in the matter for Robinson Crusoe Ltd, a subsidiary of ANSA McAL and operators of Club Pigeon Point, while the State is represented by Dr Lloyd Barnett, Karen Fournillier, Terrance Thorne and John Jeremie, instructed by Rohana Hosein.

Maintaining that the action was an arbitration of power by the State, Dr Ramsahoye noted there is nothing to show that the acquisition of the land is within the context of the Land Acquisition Act 28 of 1994. He pointed out that from the time attempts are made to acquire someone’s land, the Constitution becomes engaged. He stated that Section 5 of the Act stands by itself, however Section 3 says that land can be acquired for public purposes after a publication notice is made, while Section 4 states that the acquisition can take place within two to three months of the publication notice. However, he indicated that the legislation could not say what exactly what was “public purposes.” Dr Ramsahoye told the court that the action was a clear “violation of the judiciary”. He informed the court that the Publication Notice cannot be made unless the President is advised to do so by Cabinet according to Sub-section one of the Act. He said that they believed that the action being taken is oppressive and politically motivated. He informed the court that once the Publication Notice is made then the lands would be acquired by the State.

He said that in acquiring the lands, the State was wrecking the entire resort. He informed the court that Club Pigeon Point had invested over $12 million over the last seven years to develop and maintain the beach front to its present condition, and it spends an additional $43 million annually to maintain the facility. Dr Ramsahoye noted that the company was willing to give the State one acre of land on either side of the facility. In addition, they were willing to give a strip of land about six to 10 feet long to develop a passage between the Swallows and the northern side of the facility as well as maintain the jetty since it is a national icon and allow free and clear passageway to the beach. He said they are willing to develop an area to relocate the squatters at a rent no more than the THA is presently charging them, and asked that the THA encourage the squatters to move. Dr Ramsahoye told the court that there were other people who were being allowed to run their businesses in Tobago while Club Pigeon Point will be crushed in a move which is just an “abuse of power by the THA.” He then called on the judge to grant the conservatory order so that the State could not take any action until the substantial motion is heard. The matter was adjourned to Friday August 15.