Judge approves land compensation lawsuit against NEC

A La Brea man has received the court’s permission to apply to have the courts review a decision by the National Energy Corporation (NEC) not to relocate or compensate him for his property.

Justice Frank Seepersad on Thursday granted Kenrick Baboolal, of Square Deal Union Estate, Vessigny Village, leave to apply for judicial review of the October 4, 2019, decision of the NEC at a hearing at the San Fernando High Court.

In granting the order, Seepersad said he was satisfied that Baboolal's argument, that he had a legitimate expectation to be relocated since his home fell within the zone for planned development at the Union Industrial Estate in La Brea, had a realistic prospect of success.

The matter comes up again for hearing on February 27.

According to Baboolal, in January 2010, he was being treated unfairly by the NEC, since many other residents had been relocated or compensated.

The lands he said he has been occupying since 1998 were part of the area initially earmarked for the failed Alutrint aluminium smelter. After the court ruled in 2009, that the Environmental Management Authority’s approval for the smelter was illegal, which halted work on the project,
the NEC went ahead with the relocation of those living in the buffer zone of what is now an industrial estate.

Baboolal was offered a choice of a Housing Development Corporation (HDC) house in either Debe or Union Hall, or $200,000 in compensation. He refused, saying he was willing to accept relocation to the HDC settlement in Debe and compensation of $150,000 since he ran a small business on the property. The NEC made the offer on two occasions.

He said he was suffering from great distress and inconvenience and his school-aged children had to live without basic amenities since he was not authorised to do any repairs on his home.

Baboolal’s letter to the NEC asking for relocation and compensation was in September and weeks later he was told the NEC had completed the relocation of residents in the buffer zone of the Union Industrial Estate, and under the EMA’s approvals, it was not necessary to demolish structures which fell outside the buffer zone.

The NEC told Baboolal his property fell outside the buffer zone and it was under no obligation to relocate him.

Baboolal, who is represented by attorneys Imran Khan and Sunil Gopaul-Gosine, said when he was offered relocation, it did not mention a buffer zone and he could not rely on this, since the policy did not exist when the NEC made representations to residents.

His lawsuit also said as he was a family man, it was only reasonable for negotiations to take place on the HDC house offer instead of the “take it or leave it” attitude of the NEC.

Baboolal is claiming inequality of treatment and complained of mental anguish, frustration and inconvenience caused by the corporation’s actions.