Govt breaching assurances on highway

Environmental lobby Fishermen and Friends of the Sea (FFOS) says it may be left with no alternative but to seek an emergency injunction to stop any impending construction of the Manzanilla highway.

The FFOS has already mounted a legal challenge against Government’s proposed Churchill Roosevelt Highway extension to Manzanilla.

In a statement on Friday, FFOS’s secretary Gary Aboud said recent public notices have set January 2 as the start of construction for Phase 1 of the highway.

However, Aboud says if that is the case, it would be in clear breach of the assurances given at the first court hearing of FFOS’ legal challenge in October, when attorneys for the State said work would not begin for some time, as the contract had not yet been signed with the selected contractor.

He also pointed out that at the second hearing, the Ministry of Works, which intervened in the matter, said it could not give a definitive date for the start of work, as conditions of the certificate of environmental clearance (CEC) had not yet been met and work would not begin for some time.

Aboud said if it was envisioned that work would begin in 30 or 60 days, then that should have been said in court.

He said the matter was of significant public interest, especially since the affected area was an Environmental Management Authority (EMA)-designated environmentally sensitive area and contained habitats which support environmentally sensitive species.

Aboud said because of the notices which suggest that the start of construction is expected from January 2, from Cumuto to Guaico, the FFOS will have no choice but to approach the court for immediate relief and protection.

In its lawsuit, the FFOs is seeking to have the courts review a decision by the EMA to issue a CEC to the Ministry of Works to construct a 5,000-metre highway starting at the Cumuto Main Road and ending at Guaico Trace in Sangre Grande.

In its lawsuit, FFOS contends the CEC is “unreasonable, illegal, procedurally improper, irrational, null and void and of no effect.” As part of the judicial review claim, FFOS is also asking the court for an interim injunction to stop all expenditure and construction work on the project. Justice Kevin Ramcharan is presiding over the FFOS’ claim.