Couple takes WASA to court

UPDATED:

Princes Town chome-owners Darwin Sahadath and wife Kamalar did not get Town and Country Planning Division (TCPD) approval for their four-storey structure at Nagee Avenue, Iere Village Branch Road.

Schoolteacher Darwin Sahadath yesterday admitted he only received TCPD approval for a two-storey building as he was questioned by WASA attorney Keston McQuilkin at a civil trial before Justice Vasheist Kokaram in the Port of Spain High Court. The Sahadaths have taken legal action against WASA after their house dropped ten feet below road level and shifted 20 feet from where it was built, allegedly because of a leaking WASA pipeline.

Sahadath also admitted the property was originally sloped, but said he did not alter it. He also testified that he neither had expertise in leak-detection, equipment to determine if the underground pipeline was leaking nor did he know how WASA did it. Sahadath admitted the authority repaired the pipelines on five occasions and also relocated its main and pipelines to above ground.

According to Sahadath, when his house first began moving in 2012, he and his family did not vacate, but did so in 2015. He said he was doing remedial work when the problem began. Also testifying yesterday was geo-technical expert Aldwyn Warton of Geoengineering Consultants Ltd, who said his team, which compiled a report at Sahadath’s request, did not cross-reference between the WASA pipelines and the concentration of water at the site of the property.

The Sahadaths are claiming their $2 million property was severely damaged by a landslide caused by a leaking water line, starting in 2012. In late 2014, the Sahadaths hired engineering consultants APR Associates, who determined the house was at the risk of further movement and imminent collapse and deemed it unfit for occupancy.

According to APR’s report, the soil in the area around the couple’s house and the WASA pipeline was “Talparo Clay”, which is prone to swelling when exposed to water. In July 2015, the Sahadaths also hired Geoengineering Consultants to survey the landslip. It was determined that the cause of the landslip was “more likely due to domestic activity associated with a supply leak.”

The couple, who are seeking $2 million in compensation to cover their home’s value, among other things, have been living in a rented property elsewhere since March 2015. In its defence, WASA is claiming the damage suffered by the Sahadaths was the result of their own negligence.