Kublalsingh loses Pt Fortin highway challenge

ENVIRONMENTALIST Dr Wayne Kublalsingh and his Highway Reroute Movement (HRM) lobby group have lost their legal challenge to the work being done on the Solomon Hochoy Highway extension to Point Fortin.

On Friday, Justice Ricky Rahim dismissed their claim and ordered them to pay the Ministry of Works’ legal costs.

Kublalsingh and the HRM represented themselves at the trial. It was the second legal challenge by the group relating to the highway extension project. A similar lawsuit that challenged the Debe to MonDesir portion of the project has not yet been ruled on. In the challenge before Rahim, the group challenged the decision to continue work on the contentious portion of the highway.

In his decision, Rahim said Kublalsingh and the HRM had “essentially accepted that the completion of the incomplete works at the bridges and interchange is necessary.”

They withdrew their objection but raised concerns about the impact on the environment and the community that lives along the route.

“There is no evidence before this court that the decision made thus far impacts on these concerns,” he said. He added that the minister has said “quite clearly” that work has not restarted on the contentious portion of the highway.

“It, therefore, is still open to the defendant to meet with the claimants prior to making a decision on whether to continue and complete the works on the DMD (Debe to MonDesir) so as to consider their plans and proposals for re-routing and associated matters,” the judge said.

He added that the public interest concern in the project was in favour of the ministry. He also said there was a partial breach of an alleged undertaking given by Works Minister Rohan Sinanan to the group that work will not resume on the project left abandoned by Brazilian contractor, OAS Construtora. However, Rahim added the breach was not unfair to the environmentalist nor an abuse of the minister’s power. Kublalsingh filed the claim in 2019 after he alleged that Sinanan reneged on a promise after their 2017 meeting, to halt work on the contentious Debe to Mon Desir segment of the highway and to consult with the HRM before resuming any work in that section.

The Works Ministry was represented by attorneys Reginald Armour, SC, Raphael Ajodhia, Kendra Mark, and Kelisha Bello.