| High Court Judge, Justice Diana Insanally, has granted an injunction against the Central Housing and Planning Authority (CHPA) prohibiting the entity from canceling a transport, and repossessing and reallocating a plot of land located at 671 Section A, Block X, Great Diamond Housing Scheme, East Bank Demerara.The judge granted the order on July 13, last, in relation to a motion filed by attorney at law Lyndon Amsterdam on behalf of Attorney-at-Law Horace Fraser.The move to obtain the Nisi Orders of Certiorari and Prohibition was in response to the receipt of a letter from the CHPA dated March 20, 2009 which stated that the Transport or the said plot of land was cancelled.In the application, Fraser contended that he is the joint owner by Transport of the plot of land which was allotted to Lorraine Holder and himself on July 31, 1999, by the Central Housing and Planning Authority.In the Agreement of Sale and Purchase entered into by the parties, it was stipulated that the allottees, Fraser and Holder were required to construct a building on the said land within 18 months of the date of the agreement.However,Cheap Jerseys USA, in his application to the High Court, Fraser alleged that he could do no construction because the area in which the land was located needed proper roads, had no water nor electricity and his land was rendered virtually inaccessible at that time.Fraser’s affidavit claimed that Transport for the land was passed by the Registrar of Deeds and this was uplifted by an officer of the CHPA on November 27 2001.But despite having this Transport in their possession, Fraser contended that the officers of the Central Housing and Planning Authority never informed him or Holder about the availability of the Transport until some time in January, 2004.The Applicant then paid the balance of the Purchase Price and was given his Transport on the January 9, 2004.When Fraser perused the Transport, he noticed that the CHP had unilaterally amended a Covenant in the document, which now stated that, ‘a building should be erected within 18 months of the date of passing of Transport’.Since the Transport was passed on November 27, 2001 and was only received by the applicant on January 9, 2004, a period outside the 18-month stipulation, there was no way that the new owners of the land could have complied with this stipulation.Then in a letter dated March 20, 2009 and signed by S. Layne for D. King Tudor, Land Development and Administration Manager of Central Housing and Planning Authority, Fraser was informed that his allocation for the plot of land was cancelled.He attempted to contact Officers of the CHPA by Telephone to have the matter resolved, but to no avail.Fearing that the officers of the CHPA would cancel his Transport and repossess and reallocate his land to someone else, Fraser filed a Motion in the High Court, seeking Writs of Certiorari and Prohibition and alleged breach of his Constitutional Right to protection of property as guaranteed by Article 142 of the Constitution.He is also challenging the decision conveyed by the letter to him from the CHPA to cancel the allocation of the land as the said decision contained in the letter was in excess of jurisdiction, in breach of the rules of natural justice and the applicant’s constitutional rights.The documents were served on the CHPA and the Attorney General last Friday.The matter was adjourned to next Wednesday. |
