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Some crops that are currently on the land.

February 18 ,2022

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After being leased acres of agricultural land in 2019, former sugar workers from Belle West  on the West Bank of Demerara (WBD) are facing removal by state holding company, NICIL and they are considering taking legal action.

While they were not initially provided with a reason for their removal, it is now known that they are  in occupation of lands through which the proposed gas-to-energy pipeline will be routed.

According to information reaching this newspaper, the lands were leased to the farmers by the National Industrial and Commercial Investments Limited (NICIL) in June, 2019.  Fifteen months later, the farmers were sent notices to evacuate.The notice which was seen by Stabroek News is dated September 23, 2020 just weeks after the PPP/C government entered office. It was signed by Company Secretary and in-house attorney of NICIL, Arianne McLean with the subject line ‘notice to quit’.

Mahadeo Deokarran

The notice stated that NICIL required the premises for its “own use” beginning from the 1st day of October, 2021.

“NICIL, by this letter pursuant to the without cause and without notice provisions contained in Clause 7(b) of the lease, hereby terminates any tenancy arrangement or otherwise that exists between it and you, and hereby gives you the required twelve month notice to vacate, quit and deliver up possession of the premises on or before October 1, 2021,” the notice stated.

It further advised that failure to vacate in the manner requested could lead to NICIL suffering financial loss and damage. “And it shall have no choice but to pursue claims for damages against you,” the notice warned.

Chairman of the Farmers Advancement Cooperative Society Limited, Mahadeo Deokarran told Stabroek News yesterday that since he and others received the notices they have met and written to a number of Government officials over the issue.

Harry Ketwaroo

Back in 2020, he said they were promised that the land wouldn’t be taken away from them. If they are to move, Deokarran said promises were also made to relocate or compensate them but they were just “word from mouth”.

In a response to one of the letters from the farmers, NICIL reiterated that the ‘notices to quit’ continue to be in effect to all leaseholders.

The letter of response is dated October 1, 2021 and was signed by Chief Executive Officer (CEO) of NICIL, Radha Krishna Sharma. It was copied to Attorney General, Anil Nandlall; NAREI CEO, Jagnarine Singh and Chairman of the Region 3 RDC, Inshan Ayube.

“NICIL, as an agent of Government is apprised of Government’s declared Gas-to-shore facility which has been earmarked for the Wales Estate and the intended transfer of management and control of the Wales Estate to the Wales Development Authority,” the letter stated.

“In the interim, NICIL’s ‘notices to quit’ continue to be in effect for all leaseholders,” it added.

Contacted yesterday, NICIL CEO, Sharma told Stabroek News that once the notice to quit is “legitimate” then it goes without saying it was a letter grounded in the reality of NICIL’s jurisdiction and responsibility over such land.

“…..If the farmers have a letter from NICIL that asked that they have to quit and it’s a legitimate letter then it goes without saying it would be a letter that would be grounded in the reality of NICIL’s jurisdiction and responsibility over such land,” Sharma said.

While saying that is all he will say on the matter at this point, Sharma went on to state “I don’t know the specifics, I don’t know the letter, I don’t know the individuals involved but as far as they have a letter from NICIL duly signed by an authorized signature of NICIL, then it goes without saying that it will be grounded in some reality”.

Stabroek News yesterday spoke with a number of farmers who said that moving at this juncture is not an option for them since they have invested in crops and livestock and are at risk of losing millions of dollars.

Some also said that they depend on farming to survive and maintain themselves and their families.

75 farmers

Stabroek News understands that the portion of land in question is divided amongst some 75 farmers. Some hold as much as five acres of land while other have two acres.

During a telephone interview with Stabroek News yesterday, Deokarran explained that the leases for the lands state that they can occupy for up to 20 years. “We got a valid lease for the farm land to cultivate…..A letter was sent in 2020 to vacate the land in one year time. Disregarding the lease and everything that was given to us,” Deokarran said.

The majority if not all of the farmers, Deokarran said are former sugar workers. “Is only two years now we cultivating. Millions of dollars…Everybody doing something to enhance themselves and most of them are ex GuySuCo workers. They were told to go ahead and to cultivate and everything when they thinking to close the estate back then….They said they are going to try to keep the GuySuCo workers going in terms of doing any cultivation and so,” he related.

From since they were served with the letter, Deokarran said the farmers through the Farmers Advancement Cooperative Society Limited approached various entities including NICIL, the Ministry of Agriculture and the Office of the President enquiring about their status. “We write them a letter again asking our position…they said the first letter still stands taking into consideration we have a valid lease for 20 years,” he said.

Deokarran recalled that in 2020, a number of parliamentarians visited and spoke to them about the issue during which he said they promised the land won’t be taken back. “…..Many parliamentarians came and speak to us about our land issue. They said they would not take back the land,” he said.

Shortly after, Deokarran added that he requested that the promise be documented. “That is when Mr Sharma through NICIL write that the first letter still stands,” he said.

In light of the present situation, Deokarran noted that the farmers were given “a lot of promises”. “Word of mouth….If we have to move they will compensate us or if possible relocate us but they are not coming and deal with the issue as they should in terms of anything concrete,” he added.

“Impossible”

The farmers told Stabroek News that they won’t be evacuating. Instead, they said they are in the process of seeking legal advice on the way forward and will approach the court if the need arises.

Farmer, James Munroe said that it is impossible for him to evacuate since like many others he too has a lot of permanent crops.

“They write a letter and say that we have to move out everything that we have on the land and that is impossible….We put down a lot of permanent crop, livestock. Remember is a lot of investment done do,” Munroe said while adding “we got a lot of investment hay and it is very impossible for us to move”.

Munroe said his life is dependent on his farm. “My whole life depend on this farm to raise my family and so. If we got to move from hay is like you teking bread out we mouth. All our investment is out there,” he noted.

“We went and meet the Agriculture Minister. We went and meet the President all. All them seh plant, continue plant that how this Government hay is not a Government of bad records to take back any farm land….This Government won’t take back any land,” Munroe further stated.

Like Munroe, Harry Ketwaroo who is 65 years old said he invested all of this savings into the farmland.

“Me nah give up…Somebody must gon got fah come and heist me out or move me out from the land. Me plant so much ah things. Me ah 65 plus. I work with GuySuCo until me get pension. Wales estate one year before it close me get pension. All meh pension money done back at this same place (farm). December gone meh stop wuk. Meh been ah wuk ah school and still do this farm wuk. All meh money wah meh got meh out um in the farm,” Ketwaroo explained.

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Court ruling on Wales lands could impact gas to shore project

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July 18 ,2021

A map showing the approximate route for the offshore pipeline (Source: EEPGL Gas to Energy Project Summary)

A map showing the approximate route for the offshore pipeline (Source: EEPGL Gas to Energy Project Summary)

A court ruling against the government over several plots of land at Wales, West Bank Demerara could complicate plans for the proposed US$900 million gas-to-shore project.

Acting Chief Justice Roxane George-Wiltshire, SC, recently ruled that government holding company NICIL unlawfully terminated a number of agreements regarding the lease of former sugar estate lands, which are in the path of the proposed terrestrial pipeline.

“There are areas at Wales, leased by NICIL…that would fall into the path of the project. With the Chief Justice’s ruling and possibility for appeal and the time that takes, it could and could not impact the project. How government works around that is left to be decided,” a source told Sunday Stabroek.

The National Industrial and Commercial Investments Limited (NICIL) has said that it plans to appeal the ruling. “Yes, NICIL plans to appeal the ruling,” NICIL’s attorney, Devindra Kissoon, told Sunday Stabroek on Friday when contacted.

Sources say that access to the lands could pose a problem because of the impact that the time those legal actions could take could have on the 2024 estimated deadline for completion of the project.

If the Appeal Court also upholds the Chief Justice’s ruling and the matter is taken to the Caribbean Court of Justice, it could see the project timelines being further pushed back.

Government could also chose to compulsorily acquire the lands but would also have to pay significant sums to the owners of the properties,  thus making the estimated project cost even higher.

Government has said that the project will require about 2,000 acres of land for the construction of the power generation facility and that it needed additional areas for possible expansion.

Vice President Bharrat Jagdeo, whose portfolio includes assisting with investment, finance and the energy sector, had explained that Wales was chosen because studies determined its suitability against flooding and the high population density of other sites identified.  There was also expansion potential at Wales.

The project entails the construction and operation of a 12-inch pipeline, approximately 220 kilometres long, from the Liza Phase 1 and Liza Phase 2 Floating, Production, Storage, and Offloading (FPSO) vessels in the offshore Stabroek Block, to an onshore natural gas liquids (NGL) and natural gas processing plant (NGL Plant) located at Wales. Government also has plans for a development zone in the area, which once accommodated a thriving sugar plantation and factory.

According to a summary of the project, some 20 sites were evaluated based on a number of criteria, including topography and elevation, soil conditions, biodiversity, socioeconomic factors, site access, and pipeline routing.

It adds that of the sites assessed, the Wales area, approximately 23 km upriver on the west bank of the Demerara River on abandoned sugarcane fields, was determined to be the most favourable location “based on constructability, environmental, socioeconomic, and biodiversity perspectives.”

In breach

The Claimants in the court case before the CJ – Carol Trim-Bagot, Tristion Cordis Trading, Universal Group of Companies Inc, Derrick Lawrence, Claermont Andrew Austin, Dennis Austin, Ian Adams-Edwards, Dacia Walters, Namela Baynes-Henry and Clinton Williams – had all argued that their leases at Wales and Enmore, East Coast Demerara had been terminated in breach of their agreements.

In her ruling in late June, the Chief Justice said that the government holding company, NICIL could not, as it had contended, terminate the leases on grounds of wanting the lands for its own use.

Against that background, the Chief Justice said that the termination notices sent by NICIL were invalid and that the agreement for lease of the lands in question remains enforceable.

In granting the declaration sought by the Claimants to revoke NICIL’s decision, Justice George-Wiltshire also imposed a permanent injunction against it from interfering with the Applicants’ quiet and peaceful enjoyment of their properties.

Last year November, Attorney General Anil Nandlall had said that the lands at Wales, like those in the case at Peters Hall on the East Bank Demerara, were disposed of “without any process whatsoever.”

He had said that the new Board of NICIL had been advised by him to send notices rescinding those leases.

Persons on the lands at Wales and at other former GuySuCo locations had received notice of the rescinding and some had been given notices of eviction.

Government had also made a decision to undertake an occupational survey to ascertain which lands were developed, the state of development and overall what should be done.

It is unclear where that process is as a number of calls to the interim Head of NICIL Radha Krishna Sharma went unanswered.

The pipeline is expected to transport up to approximately 50 million standard cubic feet per day (MMSCFD) of dry gas to the NGL Plant while maximum flow of pipeline is approximately 120 MMSCFD. The NGL plant onshore will remove propane, butane and pentanes+ liquids with the ability to be sold; and treat remaining gas to specifications required by the power plant, including dehydration and pressure letdown of gas.

Django

In the us my relatives in Orlando florida had to take the a loss on part of their property the government wanted for access road. They were compensated less than fifty percent of real value. They didn’t have much choice, government could have confiscated it byeminent domain law.

sachin_05
@sachin_05 posted:

In the us my relatives in Orlando florida had to take the a loss on part of their property the government wanted for access road. They were compensated less than fifty percent of real value. They didn’t have much choice, government could have confiscated it by eminent domain law.

Guyana have Laws comparable to the great USA ?.

Django
@sachin_05 posted:

They have more powerful laws - 32>33…for example, the great US can’t touch that…ask your PNC judges…hahahaha [maniacal laughter]

Hyena strikes with chupidness and chupidness na gat cure.

T
@Django posted:

There was a long thread on the Forum on the issue.

Did Mustapha LIED about re-opening of Closed Sugar Estates ?

Of course he lied.  In a newspaper report today he used the word "divest" in relation to the Enmore sale.  What does "divest" mean? 

T

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