A second injunction from the High Court that temporarily halted work on the Friendship Connector Road in Tobago has been lifted by consent.
On February 28, Justice Eleanor Donaldson-Honeywell granted an injunction to stop the construction on a portion of the road after lawyers representing a resident, Derek Hearn, of Mill House 2, Friendship Estate, argued construction had damaged his property and began without the necessary approvals.
Hearn’s property has an organic farm, a horse stable, a beehive, an old wooden house, a well and two mills.
His attorney had argued that his rights as the owner of Mill House 2, Friendship Estate were violated because the project infringed upon his property and caused unjust destruction.
On March 19, the judge signed off on the agreement to discharge the injunction.
It was agreed that the THA would refrain from taking possession, trespassing on or conducting construction works on the portion of land identified as belonging to Hearn, which includes Mill House 1 and 2, a two-storey house, a flat, an apiary, a garden, a Bus House as well as other structures until the substantive matter is heard and determined by the court.
The THA also agreed not to encroach on the pasture on Hearn’s property, molest, threaten, intimidate, harass, pester or interfere with Hearn or his visitors.
The discharge of the injunction and the agreement came after the THA’s attorneys applied to have the order discharged because of the “immense prejudice” faced by the assembly and the people of Tobago.
“Not only does the respondent face harsh economic penalties because of the stoppage of the work, under the terms of its contractual obligations, with the contractor currently conducting the work, but the people of Tobago are being denied the use of a road approved for use by both the Cabinet of the Republic of
Trinidad and Tobago and the respondent.
“These are important macro-political and economic considerations which the court should consider in exercising its discretion to continue or discharge this injunction.”
The application to discharge also said while the THA disputed Hearn having any legal interest in the Friendship Estate, the work being done was some 40-50 feet away from where he occupied and there was no reason to believe the road upgrade work would affect the integrity of the buildings at the Mill House.
The application further noted that the THA did not require Town and Country Planning for these works to be conducted since the work being done was for the upgrade of existing roads.
“These are development roads as contemplated by the Highways Act and under that act, when read together with the THA Act which gives devolved responsibility to the THA, it is the THA that is the Highway Authority and can authorise and approve the works currently being conducted.
“In any event, because of this claim, and only out of an abundance of caution, as a responsible public authority, the THA has applied to the Town and Country Division and is awaiting feedback or confirmation that no appr
