Works Ministry acted legally in Success demolition – Benn

Public Works Minister Robeson Benn yesterday said his ministry was acting within the ambit of the law when workers demolished a fence and building belonging to BM Soat at Success, East Coast Demerara.

On Friday, workers from the ministry descended on the auto dealership and demolished the fence, an office and an ice cream snackette. Stabroek News understands that the company erected another fence the same night.

On Saturday last, Stabroek News had reported that BM Soat had been granted an interim

BM Soat re-erected the fence that was demolished last Friday by the Ministry of Public Works.
BM Soat re-erected the fence that was demolished last Friday by the Ministry of Public Works.

conservatory order restraining the ministry from “removing or in any way destroying, damaging or interfering with the … transported property situated at Area A Plantation Success, East Coast Demerara or in any way trespassing, taking possession of or acquiring any portion of land at Area A Plantation Success belonging to Bashair Mohamed…”

The matter was set to return to court today before Justice BS Roy.

BM Soat general manager Rameez Mohammed had later told this newspaper that his attorney Khemraj Ramjattan had attempted to serve the court papers on the ministry officials, but they still demolished the buildings.

But Benn told reporters at a press conference yesterday that the fence had already been demolished before the court order was brought to the attention of the ministry. “It was during the course of the removal of the debris that the attorney for BM Soat appeared with the court order. The action taken by the ministry earlier in the day was pursuant to an order from the Chief Justice discharging the conservatory order which previously prevented the ministry from removing the encroaching structure.”

Benn said the area had been earmarked for expansion since 1973, and BM Soat completely ignored request to vacate it. “They are the only outfit on the East Coast which has taken the Government to court. The ministry views the resort to further action in the court as an attempt by Mohammed to abuse the judicial process and an affront to the government.”

The minister said millions of dollars are being lost with the delaying of the project. “…Since 2007 BM Soat has been continuously served with notices of violation both from the ministry and the NDC, but to no avail. During that time, the non-removal of the fence has cost the government in excess of $40 million as a result of the delays in the works. Every day that we are unable to work is a cost.”

According to Benn, the land that is currently occupied by BM Soat exceeds the 57,934.80 square feet that is vested to him by some 7,797 square feet. The minister using a Google Earth image showed reporters that the northern boundary is exceeded by some 1,306 square feet and the southern boundary by 6,490 square feet. “The ministry finds alarming Mr Mohammed’s attitude of disregard for the rights of surrounding land owners while at the same time he seeks the shelter of the court for alleged violations of his own. At this moment, he is embroiled in court proceedings with his neighbours to the west for encroaching on their land.”

Benn said the ministry is waiting on word from the court and will vigorously pursue the removal of structures encroaching public roads in 2014.