WASA/Lee Sing land dispute before Court

Final oral submissions are expected to be made in September and October by attorneys for either side before Justice Carol Gobin gives her decision. At a hearing yesterday at the Port-of-Spain High Court, several witnesses were called to testify at the trial, among them former Port-of-Spain Mayor Murchinson Brown.

During the testimony of the witnesses, which also included two WASA managers, Leon Toppin, Projects Manager at the authority and Wayne Clement, Manager, Waterworks, mention was made of Cabinet approval for the construction of a secondary school on the portion of the land, as well as the construction of an administrative complex for the Diego Martin Regional Corporation.

Clement admitted he was aware that the Corporation had also leased a portion of the disputed lands to TTEC but Toppin said he did not know it as a fact that the Corporation was the owner of the lands in question.

WASA is claiming that the land, which it calls the Cocorite Farrell Well Fields, has artesian wells, which at their peak, produced two million gallons of water a day. The land is located at the corner of the Western Main Road, Diego Martin, and the Diego Martin Highway, Diego Martin. However, the City Corporation is contending the lands belong to the city of Port-of-Spain.

Senior Counsel Seenath Jairam, attorneys Larry Lalla and Nyree Alfonso are seeking the interest of WASA, while Senior Counsel John Jeremie and attorneys Kerwyn Garcia and Sasha Franklin are seeking the interest of the Port-of-Spain City Corporation and Mayor Louis Lee Sing.

The corporation’s contention is that its claim to the land, some 23 acres, was vested in the Water and Sewerage Act of 1965. In 2010, Lee Sing requested a meeting with WASA and later claimed that WASA was trespassing on City Corporation land. He demanded that the Authority remove its employees and equipment.

WASA held its ground but the corporation moved onto the site and tore down signs erected by the Authority. 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.