Injunction saves squatters from eviction

SCORES of squatters at Race Course Road Development, Arima, breathed a sigh of relief yesterday when a High Court Judge granted an injunction against the Director of Surveys in the Ministry of Housing and Settlements, barring their eviction from the lands.

Justice Peter Jamadar, presiding in the First Civil Court, San Fernando, granted the squatters leave to apply for judicial review of a decision by the Director to evict them. The action was filed by Ava Simon, Angela Logan and Anthony Mundroy on behalf of the squatters. In an application filed by Garnet Mungalsingh instructing Ramesh Lawrence Maharaj, SC, the squatters said they had been occupying State lands for as much as 13 years. In January they were served with notices ordering them to give up possession of the land.  The notice threatened them with eviction if they did not remove themselves from the lands.

The squatters contended that they had a legitimate expectation that the State would allow them to continue to live on the lands. In arguing the application, Maharaj submitted that the State cannot evict persons in order to get possession of the land. It must seek a court order, he said, moreso when houses are constructed on the lands. Justice Jamadar granted leave and fixed hearing of the case on May 19. A similar action on behalf of several squatters of Torouba Village, near San Fernando, was argued three months ago before Justice Nolan Bureaux. Judgment in that matter is yet to be delivered.