PPP initiated process to acquire privately owned lands in city – Attorney General
THE acquisition of two plots of privately owned lands for public purposes was actually a move initiated by the former PPP/C administration which is now decrying the attempt, Attorney General Basil Williams said Friday.
It was revealed recently that the government issued an order to acquire the east quarter of Lot 92 Middle and Carmichael streets under The Acquisition of Lands for Public Purposes Act.
The Official Gazette of September 24, described the lands as follows: “East quarter of Lot numbered 92 …Middle and Carmichael Streets …with all the buildings and erections thereon, save and except the building and erections situate on sub-lot lettered ‘A’ part of the said quarter lot the property of Patrick L. O’Dowd, and save and except the said sub-lot `A’ as shown and defined on a plan by Sugreen A. Nehaul, Sworn Land Surveyor, dated 19th June 1947, and deposited in Deeds Registry on 26th June, 1947, transported to the said Patrick L. O’ Dowd on 23rd May, 1960 – No.910.”
Since then, former Minister of Legal Affairs under the PPP Anil Nandlall has decried the move, stating that it has “sent chills down the spine of right-thinking Guyanese, especially property owners.”
Attorney General (AG) and Minister of Legal Affairs, Basil Williams (right), in discussion with former AG and Minister of Legal Affairs, Anil Nandlall
The former AG reasoned that because of the “obvious draconian nature” of this power to acquire land this way, and the sanctity accorded to private property, it is a power that is used on the rarest of occasions and in the most exceptional of circumstances. “It is always an option of last resort,” he said.
Nandlall went on to suggest that Government should not acquire these lands via the “compulsory acquisition” mechanism, but that they should utilise one of the numerous Government buildings and empty plots of State lands scattered all across the city.
However, in a twist of events, Attorney General and Minister of Legal Affairs Basil Williams at a Peoples’ National Congress Reform (PNCR) press conference on Friday revealed that this was a move initiated by the PPP during its time in office.
“The nation should know that when we [APNU+AFC] entered Government, I inherited that proposal by the PPP to acquire those said lots. And the staff that I inherited, recommended those lots.”
The AG explained that when he entered office, he began making attempts to establish a permanent law reform commission and a law review unit, but that the current premises could not accommodate those units.
As such, he opted to rent a building to house those units, and expressions of interest for that rental had been received.
Subsequently however, he was made aware that attempts had already been made to acquire the plots by the former Government.
“So the issue of the compulsory acquisition was something inherited from the PPP. So perhaps the problem Mr Nandlall has is that he didn’t get to do the transaction,” Minister Williams said.
He recalled too that Nandlall had raised the issue in the National Assembly, and he (Williams) had responded, saying that the evaluation was done by the Chief Evaluation Officer of the Government. The project was then approved by the Ministry of Finance and Cabinet, after which it was passed and approved by the National Assembly.
The second disclosure made by Williams was a possible indication that the PPP, if they had remained in office, would have paid $560M more that the current government for the same two plots of land.
“He indicated to me that those two small plots are worth $600M. So in telling me that, my impression is that if he had been able to do that transaction, then it would have cost the government $600M when it is costing us $40M; $20M per lot” the AG said.
Finally, the minister pointed to a matter which is engaging the attention of the AG’s Chambers having to do with the acquisition of private land by the PPP for a public purpose.
Williams revealed that a charitable organisation, the Berbice Bharati Saywa Sangha, which operates senior citizen homes in Berbice, had their lands compulsorily acquired by the PPP/C administration in 2000. He said that the former administration had acquired the lands to construct the University of Guyana Tain Campus.
Having highlighted this issue, which occurred during the PPP’s time in office, Williams challenged Nandlall to explain the difference between those two acquisitions which are of similar nature, considering the fact that the PPP is now opposing a move they had practised while in office.
Meanwhile, Williams also reported that the government has not been met with “any negative responses” regarding the acquisition and that work is expected to commence in 2017.
