NGOs lose lawsuit against Prime Minister and Cabinet over San Fernando HDC project

News

Jada Loutoo

15 minutes ago

A GROUP of non-governmental organisations from southern Trinidad have lost a lawsuit against the Prime Minister and his cabinet over plans to build an apartment complex on Todd Street in San Fernando.

On July 4, Judge Jacqueline Wilson found that the cabinet’s decision to transfer the land to the Housing Development Corporation (HDC) was within its constitutional powers.

In 2022, Krishna Mandir, Shri Krishna Seva Trust Foundation, Stri Sevak Sabha Inc and Concerned Citizens for a Better San Fernando challenged the Cabinet’s September 8, 2022 decision to transfer 1,000 acres of land at Todd Street to HDC for the construction of a multifamily housing development.

In January 2023, a judge allowed the groups to argue that the cabinet acted unlawfully and unwisely by changing the 10-hectare plot of land from institutional to residential use and transferring it to HDC for the construction of about 72 apartments.

In its lawsuit, the group argued that the land was in an area zoned for institutional use, not residential use, under the National Development Plan, which had not been changed in accordance with the Town and Country Planning Act. It also claimed that the Ministry of Education and the Department of Town and Country Planning opposed changing the land’s designation.

They also complained that they had no opportunity to present their comments.

The group also complained that the decision would increase traffic congestion, impede access to schools and places of worship, overload existing infrastructure and have a negative social and environmental impact on the limited green open space in the area.

The state, however, denied the group’s claims.

In her ruling, Wilson found that, based on the evidence, “it is not true to say that the land is designated for institutional use under the National Physical Development Plan.” She also accepted the state’s position that there was no Cabinet decision that “interfered with land use policy in the area.”

“It is expected that HDC’s planning application will be considered in light of the current policy.

“Accordingly, the applicants have not demonstrated that the decision was inconsistent with the National Physical Development Plan or established policy.”

She added that there was no doubt that HDC needed the consent of the TCPD and other relevant authorities to proceed with the development, and that the Environmental Management Act contained various provisions providing safeguards, so the concerns raised by the group were not within the remit of the Cabinet of Ministers.

“There is no indication that the Council of Ministers has issued any directive to waive the approval requirement.

“The fact that applicants were not consulted on the decision does not support the argument that legitimate concerns about this development will ultimately be ignored.

“The Constitution gives the Cabinet full responsibility for the overall direction and control of the Government and for being accountable to Parliament for the exercise of its powers.

“The decision to transfer the land to HDC for housing purposes was a lawful exercise of Cabinet powers. The applicants’ contention that the decision was unlawful and unreasonable must therefore be rejected,” Wilson ruled.

Krishna Mandir is a Hindu religious institution located opposite, and Shri Krishna Seva Trust Foundation is a non-profit organization that runs a pre-school for 75 children on Holder Street in San Fernando.

Stri Sevak Sabha Inc. is a religious, social and cultural organization for Hindu women, and Concerned Citizens for a Better San Fernando is a non-profit organization that aims to promote the views of San Fernando residents interested in equitable and sustainable development of the city.

The group, which was ordered to pay the State’s costs, was represented by Ramesh Lawerence Maharaj (SC), Ronnie Bissessar (SC), Michael Rooplal, Kingsley Walesby, Ricky Harnnanan and Varin Gopaul-Gosine.

Dr Rowley, who was sued in his capacity as Prime Minister and Chief Cabinet Secretary, and the Attorney-General were represented by Russell Martineau, SC, Margaret Rose, Laura Persad and Rachel Wright.