Port-Louis Authorities Claimed Rs 200 Million For Damages

10 years, 1 month ago - March 17, 2014
Rs 200 Million Claim from Port-Louis
The town hall of Port-Louis is facing a claim for damages of Rs 200 million, after the imposition of certain legal measures aimed at regulating the height of buildings in the streets

Two traders, Abdool Satar Salehmohamed and Abdool Gany Salehmohamed, initiated civil proceedings against the town hall of Port-Louis. They are jointly claiming damages of Rs 200 million from the local community. This, after the imposition of certain legal measures aimed at regulating the height of buildings in certain streets of the capital. The case will be called on March 20 in the Supreme Court.

Abdool Satar Salehmohamed and Abdool Gany Salehmohamed are defended by Me Gavin Glover. In their complaint written by attorney Iqbal Dauhoo, the two residents of Port-Louis explain that their location is located at La Reine Street, Port-Louis, in the buffer zone of the Aapravasi Ghat World Heritage Property.

According to them, their right to property, guaranteed by Article 8 of the Constitution, has been violated. They add that the market value of their property has decreased significantly, causing them financial harm. They say they served a formal notice to the town hall of Port-Louis and to the Ministry of Lands and Housing on September 9, 2011. But their request was unsuccessful. The two plaintiffs consider that they suffered damages. Hence their claim of Rs 200 million to the town hall of Port-Louis.

According to the plaintiffs, the new Planning Policy Guidance introduced more stringent requirements and criteria regarding building height and architecture. “The said Planning Policy Guidance has introduced new and relatively more stringent guidelines in relation, inter alia, to plot assembly, building height, setbacks, development density, plot coverage and associated designs, norms and standards as well as a more rigorous development permitting process “, they argue.

The plaintiffs also explain that the new standards undermine the development potential of their location. The plaintiffs add that this buffer zone is historically linked to trade for warehouses, stores and banks. “It would appear that the Planning Policy Guidance advocated the prohibition of such development in the buffer zones”, they specify.

They are not the only traders to sue the town hall of Port-Louis for this reason. The Islamic Cultural Association and other owners (R. B. Yacoob & Co., Société Civil Anwar Joonas, Abdool Latiff Ramtoola, Mohamed Aslam Ramtoola, Ashraf Ramtoola, Arshad Ramtoola, Ismat Banu Ramtoola, Nuzhat Banu Ramtoola and Ishrat Banu Ramtoola ) also sued the local community. The Islamic Cultural Association is asking him for Rs 200 million. As for the company R. B. Yacoob & Co., also owner of a site in the buffer zone, it lodged three complaints against the town hall of Port-Louis claiming Rs 18.3 million, Rs 22,218,500 and Rs 35 million respectively .

The Civil Society Anwar Joonas, owner of land at Corderie Street, is claiming Rs 41,452,000 from the town hall of Port-Louis. Abdool Latiff Ramtoola, Mohamed Aslam Ramtoola, Ashraf Ramtoola, Arshad Ramtoola, Ismat Banu Ramtoola, Nuzhat Banu Ramtoola and Ishrat Banu Ramtoola, all owners of a location at L'Eglise Street in Port-Louis, are jointly claiming damages of Rs 39 163,000. Their trial will be called shortly in the Supreme Court.

Text by Faits sur Maurice

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