WASA takes Lee Sing to court

The Authority filed a lawsuit against LeeSing and the City Corporation and yesterday went before Justice Carol Gobin seeking an injunction restraining the mayor and the Corporation from trespassing on lands at Westmoorings, the site of its Cocorite Farrell Well Field.

The injunction was not pursued, however, after attorneys for both sides held discussions and told the judge they wanted to focus on the issue of ownership of the property.

Agreeing, Justice Gobin said this was a simple matter to determine and should go beyond the erection of signs and putting down of poles.

The mayor’s attorney John Jeremie, SC, told the judge that facts stated in the Authority’s affidavits in support of its claim were not entirely accurate. He said the Corporation’s claim to the land, some 23 acres, was vested in the Water and Sewerage Act of 1965. He also said the issue of the poles, which were put down by WASA, was causing some problem for his clients.

Seenath Jairam, SC, who leads Larry Lalla and Nyree Alfonso for the Authority, said it was his understanding that no work will be done on the site once the matter was before the courts.

Both sides will return to court on November 16.

WASA’s position is that the Corporation’s ownership and control of the lands, prior to September 1, 1965, was in connection with a public purpose — to supply water to citizens and residents of Port-of-Spain and its environs.

WASA said from 1965 and continuing, it has monitored the aquifer at the site and maintained and laid infrastructure to operate the well. In its lawsuit, the Authority said since 1965, the well and the lands formed an important part of its water production and distribution network for the City of Port-of-Spain as well as Diego Martin and environs.

Admitting it had suspended water production from the well in the 80s, WASA said it installed and operated three monitor wells in the field.

In 2010, WASA said it initiated steps to resume production of water from the well field and in March of this year, began re-establishing the boundaries of the field and maintenance and investigative works.

After having the lands surveyed by a licensed land surveyor, WASA said it renewed activity in the well field.

It was around this time that LeeSing requested a meeting with the Authority to discuss ownership of the lands. The Port-of-Spain mayor claimed that WASA was trespassing on City Corporation’s lands and demanded that the Authority remove its employees and equipment.

On April 12, WASA presented to the mayor, a position paper on the history of the well field and the Authority’s occupation of the lands.

On September 14, the Corporation’s chief executive officer advised WASA’s chief executive officer that the Authority should cease and desist all activities on the lands.

WASA held its ground. On September 15, the Corporation moved onto the site and tore down the signs. WASA workers were allegedly threatened with arrests for trespass, according to the documents presented in court.

WASA alleged that it was the Corporation which trespassed. The Authority is seeking a declaration that it is entitled to exercise full and sole authority and control over the lands and is also seeking damages for the Corporation’s trespass.