April 14, 2010
Dear Editor:
I write to correct a misleading headline which appeared on page 3 of the Sunday, April 11, 2010 issue of the Amandala Belize Newspaper under the caption “$7 million payment possible for Jitendra and Leena Chawla.”
There is no way that the judgment speaks of $7 million, or even close to that amount.
Reading the 31-page judgment of Chief Justice Abdulai Conteh, it is clear that businessman Jitendra Chawla, aka Jack Charles, owner of Xtra House Supermarket, failed to get most of the remedies he sought in his claim against the Attorney General and the Minister of Natural Resources.
The Chief Justice upheld a Cabinet decision which was challenged by the Chawlas, and ruled that it was proper within the context of the law.
Conteh refused to entertain a request by the Chawlas to have the Government of Belize register and perfect their title to the Krooman Reserve lands in question, simply because “absent the de-reservation of national lands constituting a reserve, there can be no warrant for the Minister to sell.”
The Chief Justice, however, ordered that the Government refund the moneys Chawlas paid for the land, which are $44,175.46 for one parcel and $28.602.73 for the other parcel, plus interest at the rate of 6% per annum from 22nd June, 2009, the date the moneys were paid. The Court also ordered that the Claimants be paid the costs of the developments carried on by the claimants since they went into possession up to the 30th July, 2009, when the stop, cease and desist order was served on them.
The cost of the landfill does not exceed $400,000.00.
Damages to the tune of $25,000.00 and $30,000.00 costs were also ordered in favour of the Claimants.
The Head of the Judiciary noted in his judgment that the costs can be avoided if the Minister of Natural Resources de-reserves, if not the whole, at least parts of the reserve.
Therefore your article is irresponsible and grossly misleading as to the quantum the government has to pay.
The Claimants were represented by Mr. Fred Lumor, S.C. while Crown Counsel Miss Magalie Perdomo appeared for the Defendants.
Yours sincerely
( Oscar Ramjeet )
Solicitor General
(Ed. NOTE: If the Solicitor General had taken the time to read the article before writing his embarrassingly ignorant letter, he would have noted the heading – $7 million payment possible …” – and he would have noticed that the amount quoted was not our figure, but one suggested by the Chawlas’ attorney and which was not disputed by the CEO in the Ministry of Natural Resources.)