Valencia women claim State unlawfully demolished house

HOUSEWIFE Ashminee Joseph said she, and her now late husband purchased five acres of state land, in Valencia, for $1,000 back in 1983.

Joseph and her daughter-in-law Annesa Maharaj – both squatters – claim they have occupied the lands at Pine Avenue for more than 30 years.

On May 15 last year, Maharaj’s home and others were demolished by a crew of police and soldiers.

The women were successful in obtaining a conservatory order restraining the Commissioner of State Lands from demolishing any more houses occupied by squatters at Pine Avenue.

They are claiming their rights to enjoyment of property and protection by law were infringed, as they contend the State Suits Limitation Ordinance protects them from attempts by the State to repossess state lands once they have been living on the property for 30 years.

They also contended that they have expressed intention to possess the lands as their own, as prescribed for in the Ordinance.

Their lawsuit came up for trial in the Port of Spain High Court yesterday, before Justice Frank Seepersad who had granted the conservatory order, pending the hearing and determination of the squatters’ claim or until further ordered.

Both women testified yesterday. Joseph insisted she and her late husband Selwyn bought the land in 1983. She provided a receipt for labour to fell trees in the forested area, which she said was proof of how she "got the place.”

“That is the price I pay for it,” she said under cross-examination by the State’s attorney Terrence Bharath.

Joseph admitted she had no surveyor’s plan of the acreage of land she claimed ownership to, nor did she have photographs to show the entire parcel. She told the lawyer the only way to see it was to come see it himself. She also did not provide water or electricity bills as evidence to support her case.

Questioned about her claim to ownership, Joseph insisted she had had “absolute control” of the land since 1983.

She said she and her husband worked the land and sold the produce at the market. In 2007, they applied for a certificate of comfort. They began with a small board shack and eventually completed their concrete house in 2012.

Joseph said no one from the State threatened her property.

According to Maharaj, who is in a common-law relationship with Joseph’s son, the land was given to them by Joseph and they spent over $800,000 on building their home.

“I get rights from my mother-in-law. The land she gave me became mine. That was her land. She gave me that land.”

Maharaj denied she was in wrongful occupation of the State’s property

The trial continues on Friday with the testimony of the State's witnesses.

In all 15 homes were demolished last year, and the two said they were told another crew was expected to return on May 22 to complete the demolition of Joseph’s home.

For two days, residents of Pine Avenue held fiery protests condemning the action of the Commissioner of State Lands.

At the time, Attorney General Faris Al-Rawi said the government was seeking answers from the commissioner on the decision to demolish the squatters’ homes.

Al-Rawi had said neither the Minister of Housing, Agriculture Minister Clarence Rambharat, the Chief State Solicitor nor himself had any prior knowledge of the demolition.

The women are represented by attorney Gerald Ramdeen.