Senior Reporter
derek.achong@guardian.co.tt
The Tobago House of Assembly (THA) has been given the all-clear to resume construction work on the Shirvan-Store Bay Local Road Connector.
Late last month, Derek Hearn, of Mill House 2, Friendship Estate, obtained the injunction as he filed a lawsuit claiming that the project had interfered with the property on which he has an organic farm, a horse stable, a beehive, an old wooden house, a well and two mills.
When the case came up for hearing before Justice Eleanor Donaldson-Honeywell yesterday morning, the THA’s application to discharge the interim injunction was upheld based on Hearn’s consent.
Although the THA maintained that the project never affected the land occupied by Hearn as the road is 40 to 50 feet away, it still agreed not to trespass or take possession of the portion being claimed by Hearn pending the outcome of his substantive lawsuit.
In the court filings, obtained by Guardian Media, the THA claimed that the assembly and residents of Tobago faced immense prejudice as a result of the injunction.
“Not only does the Respondent face harsh economic penalties because of the stoppage of the work, pursuant to the terms of its contractual obligations, with the contractor currently conducting the work, but the people of Tobago are being denied the use of a road which has been approved for use by both the Cabinet of the Republic of T&T and the Respondent,” its lawyer Rhea Khan said.
The THA claimed that Hearn did not have any legal interest in the property he used to occupy before falling ill.
“While it is unknown if Derek would ever return to live in the said Mill House, there is no evidence or reason to believe that the road upgrade works could affect the integrity of the buildings in question,” Khan said.
They claimed that since 2007 Hearn was aware that the THA had purchased the land for the project as they referred to correspondence in which he (Hearn) requested the THA’s permission to continue to use it.
“The THA’s records also show that he was served with the notices in 2018 and 2022, yet Mr Hearn took no step to claim and/or protect and/or preserve his purported interests on the land (if any) or object to the acquisition of same by the THA,” Khan said.
The THA also rejected Hearn’s claim that the project did not receive the approval of the Town and Country Planning Division (TCPD) of the Ministry of Planning.
It suggested that such approval was not required as it was seeking to upgrade existing roads.
While the THA stated that it had the jurisdiction to conduct the work under the Highways Act, it noted that it had sought the views of the TCPD on whether such approval was required.
“Indeed, if the TCPD has jurisdiction to treat with the works being conducted, it can take enforcement action such as issuing stop notices etc,” Khan said.
In May, last year, High Court Judge Frank Seepersad granted a similar injunction to the Environmental Management Authority (EMA) after it complained that the THA’s Division of Infrastructure, Quarries, and Urban Development, and its contractor California Stucco Company Limited failed to obtain a certificate of environmental clearance (CEC) before commencing work.
That injunction was eventually lifted after the THA made the application for a CEC and it was granted.
The THA was also represented by Kiel Taklalsingh, Stefan Ramkissoon, and Keron Ramkhalwhan.
Hearn was represented by Christophe Rodriguez, Rishi Narine, and Joash Huggins.