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By Mark DaCosta- The High Court has mandated that the People’s Progressive Party (PPP) Government disclose several key documents relating to the construction of the new Demerara River Bridge, marking a significant step forward for residents challenging the compulsory acquisition of their lands. Justice Jacqueline Josiah-Graham, in her recent ruling, ordered the State to release contracts and compensation agreements connected to the acquisition of private properties in Peter’s Hall, East Bank Demerara, for the multi-billion-dollar bridge project. The ruling came in response to legal action filed by property owner Merlynn Thomas, who is contesting the acquisition on the grounds of inadequate compensation.
Thomas, represented by Senior Counsel Roysdale Forde, had requested access to the contract between the Ministry of Public Works and the China Railway Construction Incorporated-led joint venture responsible for the bridge’s construction.
The Court’s order also includes the disclosure of any agreements regarding compensation for other residents, environmental impact reports from the Environmental Protection Agency (EPA), and notices served to affected property owners, including Thomas.
This ruling follows a previous denial by the court of the government’s request for immediate possession of the properties. The State had argued that it was entitled to immediate ownership under Section 7 of the Acquisition of Lands Act, but the residents, led by Thomas, have stood firm in their demand for fair compensation before surrendering their lands. The dispute centres on the significant discrepancy between the property valuations conducted by the State’s valuation officer and those of private evaluators hired by the residents. The court has noted the variation in these valuations as a key issue to be resolved.
The residents affected, including Thomas and others such as Virieene Fredricks, Vashti Fredricks, and Pearl Layne, have raised strong objections to the government’s initial compensation offers. Despite ongoing negotiations since 2022. The High Court’s latest order aims to bring transparency to the process, as many of the residents have expressed frustration over what they see as undervaluation of their properties and a lack of sufficient consultation.
In an earlier case related to the same project, Justice Navindra Singh granted possession of three properties in Peter’s Hall to the government on 15th September 2024. However, in a controversial decision, the court ruled that these property owners would receive less compensation than originally offered by the State. The affected owners, required to vacate their properties by the end of September 2024, have been left dissatisfied with the reduced compensation, further heightening tensions between the government and the residents.
The government’s pursuit of the new Demerara River Bridge has seen it acquiring approximately 50 private properties under the Acquisition of Land for Public Purposes Act. This law grants the government the power to compulsorily acquire land for public projects, provided that the affected owners receive compensation equivalent to market value. However, the process has been marred by disputes over property valuations, with residents arguing that the government’s offers do not reflect the true worth of their homes.
The new Demerara River Bridge is, according to the PPP government, a key infrastructure project aimed at boosting connectivity between the East and West Banks of Demerara. The PPP government said that it is part of the government’s broader strategy to enhance national infrastructure and stimulate economic growth. However, the ongoing legal battles with residents of Peter’s Hall threaten to overshadow the bridge’s potential benefits, as many are left questioning whether their rights to fair compensation are being fully respected.
For now, the fate of the remaining property owners rests with the court, as the trial proceeds to determine just compensation and other issues.
