Former Attorney General Ramesh Lawrence Maharaj, SC, has declared that the Cabinet is not above the law during an announcement of his intention to appeal a High Court ruling regarding the government’s use of land in San Fernando. Speaking at the Krishna Mandir in San Fernando, Maharaj revealed that a group of non-governmental organizations (NGOs) will be appealing a decision by a High Court judge to dismiss their claim for judicial review to halt the Housing Development Corporation’s (HDC) plans to construct an apartment complex in Todd Street, San Fernando. Leading the legal team representing these NGOs, Maharaj expressed confidence in the success of the forthcoming appeal, which is scheduled to be filed on July 15.
Maharaj emphasized that the battle they are undertaking is not only for the residents of San Fernando but for all of Trinidad and Tobago. He stressed the importance of establishing a precedent that respects procedural rights and legitimate expectations when it comes to the change of land use. Citing the Judicial Review Act of 2000, which he played a role in implementing during his tenure as AG, Maharaj emphasized that no one, not even the Cabinet, is above the law in Trinidad and Tobago.
Justice Jacqueline Wilson had previously ruled that the Cabinet’s decision to transfer the land to the HDC was within its constitutional power. However, the NGOs, including the Krishna Mandir, the Shri Krishna Seva Trust Foundation, Stri Sevak Sabha Inc, and the Concerned Citizens for a Better San Fernando, are challenging this decision, arguing that the Cabinet acted illegally and unreasonably in altering the land designation and transferring it to the HDC. Maharaj highlighted that a change in land use requires an application to be made to the town and country planning division (TCPD), a process that was not adhered to in this case.
With plans to take the appeal all the way to the Privy Council if necessary, Maharaj expressed his unwavering commitment to fighting the legal battle at every stage, confident in the strength of their case and their grasp of the law. He also outlined additional legal avenues available to the NGOs, including a potential stay of Justice Wilson’s decision and the possibility of challenging the TCPD process. Despite media portrayals suggesting a political or religious motivation behind the appeal, Pundit Rudranath Maharaj of the Krishna Mandir clarified that this is a fight against lawlessness at the highest levels of the State, with no political affiliations involved.
