Club Pigeon Point says THA action wrong

CLUB PIGEON Point’s attorney Dr Fenton Ramsahoye QC yesterday called on the court to declare the action taken by the Tobago House of Assembly to acquire lands occupied by Club Pigeon Point as unconstitutional. In addition Dr Ramsahoye asked that an order be made for an assessment of damages incurred by the club, because of the acquisition order. In his submissions yesterday, Dr Ramsahoye explained that there was no reason for the THA to move for compulsory acquisition of the lands, since Club Pigeon Point had indicated that they were willing to negotiate with the Government for the sale of the property by private treaty at market value.

He pointed out that the situation could have been resolved amicably without the involvement of the statute law. He noted that the Club had not threatened the negotiations, yet the State moved “unreasonably” and foreclosed the negotiations and made a public notice for acquisition of the land. Describing the move as a “planning blight,”  Dr Ramsahoye explained that damages had begun to be incurred with the publication of the acquisition notice. He explained that an announcement like that would cause people to refrain from doing business at the Club, bookings would be cancelled and the sale of the property would be made impossible. During his four hour submission before High Court Judge Mira Dean-Amorer in the Port-of-Spain Third Civil Court, Dr Ramsahoye explained that they were never given an opportunity to defend their rights against the compulsory acquisition of their land. He said that the due process of law enables land owners to present their case against compulsory acquisition, and therefore there has to be due process of law in Trinidad and Tobago before this type of action can be taken. He explained that the owner must be allowed to try and save his property.

Dr Ramsahoye stated that due process was being followed with the negotiations, and noted that the THA had no right to break off the negotiations and apply for compulsory acquisition of the land. He  also informed the court that the Chairman of Robinson Crusoe Limited, Anthony Sabga had written two letters to the Prime Minister to enquire about the State’s intention regarding acquisition of the land. The first letter dated May 16, 2003 explained the negotiations that had taken place, and offered the sale of the land by private treaty at market value, however no response was sent. The second letter dated June 13, 2003 asked that the owners be informed within ten days, the State’s intention regarding acquisition of the land, and asked that a meeting be held to discuss compensation proposals. 

Dr Ramsahoye explained that the State still did not respond, which proved they had no intentions of informing Club Pigeon Point about their decision. Justice Dean Amorer asked Dr Ramsahoye if land owners had any rights to be consulted or informed about compulsory acquisition of their land and he explained that they had no rights once the order has been made by Cabinet. State attorney Dr Lloyd Barnett is expected to present his submissions to the court today when the matter resumes. Dr Ramsahoye assisted by Rikki Harnanan and Adrian Byrne appeared for Robinson Crusoe Limited, operators of Club Pigeon Point and subsidiary of ANSA McAl, while Dr Barnett, Karen Fournillier, Terrance Thorne and John Jeremie, instructed by Rohana Hosein represented the State.