NGOs lose lawsuit against PM, Cabinet over San Fernando HDC project

A GROUP of NGOs from south Trinidad have lost their lawsuit against the Prime Minister and his Cabinet over plans to construct an apartment complex at Todd Street, San Fernando.

On July 4, Justice Jacqueline Wilson held that the Cabinet’s decision to transfer the land to the Housing Development Corporation (HDC) fell within the scope of its constitutional power.

In 2022, the Krishna Mandir, the Shri Krishna Seva Trust Foundation, Stri Sevak Sabha Inc and the Concerned Citizens for a Better San Fernando challenged the Cabinet’s decision on September 8, 2022, to transfer a hectare of land at Todd Street to the HDC to build a multi-family housing development.

In January 2023, the judge permitted the groups to advance their claim that the Cabinet acted illegally and unreasonably when it changed the designation of the ten-hectare parcel of land from institutional to residential and transferred the land to the HDC to build approximately 72 apartment units.

In their lawsuit, the group contended the land was in an area designated for institutional and not residential use under the National Development Plan, which was not amended in keeping with the Town and Country Planning Act. It also claimed the Education Ministry and the Town and Country Planning Division objected to the change of use of the land.

They also complained they did not get an opportunity to make representations.

The group also complained the decision would exacerbate traffic congestion, hinder access to schools and places of worship, overwhelm the existing infrastructure and have an adverse social and environmental impact on the limited open green space in the area.

However, the State denied the group’s assertions.

In her ruling, Wilson said on the evidence, it was “not correct to say that the land is designated for institutional use under the National Physical Development Plan.” She also accepted the State’s position that there was no Cabinet decision to “interfere with the land use policy for the area.”

“It ought to be expected that the HDC’s application for planning permission will be considered in the light of existing policy.

“Therefore, the claimants have not established that the decision was inconsistent with the National Physical Development Plan or established policy.”

She also said there was no dispute that the HDC required approval from the TCPD and other relevant authorities to proceed with the development, and there were various provisions in the Environmental Management Act that provided safeguards, so the concerns raised by the group did not fall within the remit of the Cabinet.

“There is no suggestion of any directive having been issued by Cabinet to waive the approval requirements.

“The fact that the claimants were not consulted on the decision does not sustain an argument that legitimate concerns (over) the development will ultimately be ignored.

“The Constitution confers full responsibility on Cabinet for the general direction and control of the Government and to account to Parliament on the exercise of its powers.

“The decision to transfer the land to the HDC for residential purposes was a lawful exercise of Cabinet’s powers. The claimants’ assertion that the decision was unlawful and unreasonable must, therefore, fail,” Wilson ruled.

The Krishna Mandir is a Hindu religious body based opposite the site, and the Shri Krishna Seva Trust Foundation is a non-profit body which runs a kindergarten with 75 pupils at Holder Street, San Fernando.

Stri Sevak Sabha Inc is a religious, social, and cultural body for Hindu women, and the Concerned Citizens for a Better San Fernando is a non-profit body established to promote the views of residents of San Fernando interested in the equitable and sustainable development of the city.

The group, which was ordered to pay the State’s costs, was represented by Ramesh Lawerence Maharaj, SC, Ronnie Bissessar, SC, Michael Rooplal, Kingsley Walesby, Ricky Harnnanan, and Varin Gopaul-Gosine.

Dr Rowley, who was sued as Prime Minister and head of the Cabinet, and the Attorney General were represented by Russell Martineau, SC, Margaret Rose, Laura Persad and Rachel Wright.