THE National Capital District Commission issued a stop work and demolition order signed by NCD Governor, to the TST group of companies who were recently seen building a fence around the land portion 2192, Granville Boroko which is also where the Jack Pidik Park is located.
The land has been recognized by the authorities and the courts that there is no proper survey to clearly identify the boundaries in relation to the land dispute between the NCDC and the TST Group of Companies.
Late last week the TST Group of Companies started the construction of a fence around the disputed land and received a stop work notice from the NCDC on Friday 13th of August, 2021, but without complying to the stop work notice, work continued which prompted demolition order on the 15th of August. Without considering the stop work and demolition notices, construction of the fence continued on Monday 16th August, 2021.
The NCDC stated that the court order granting approval to fence, and the survey plan to identify the boundaries does not make clear reference that subject to a proper registered survey map and the map to clearly establish the correct boundaries. NCDC told TST that they will have to go back to the Surveyor General to get the new survey registered and remove subject to survey from the title that they have and make new reference to the new registered survey plan in the title.
NCDC lawyers also advised that the court did not make any orders that override the usual powers of the Physical Planning Board regarding the fencing. In this case all fencing must be approved by Physical Planning Board. This was not granted as yet, as the TST Group of Companies have not produced a survey plan registered by the Surveyor General as required by the court order.
Chairman for NCDC & NCD Physical Planning Board and NCD Governor Powes Parkop said in a press conference that public spaces are diminishing and the Department of Lands and Physical Planning are not helping to protect these areas.
“The situation is created by the Lands Department because of their poor management,” Parkop said.
He said the government has traded Jack Pidik Park without properly consulting the National Capital District Commission.
Governor Powes Parkop assured the general public that the Jack Pidik Park is a public recreational space and that it is protected.
Governor Parkop said that he had no personal grudges against the TST Group of Companies and added that if it was on another piece of land they would have already settled the issue.
TST through its counsel Jema Lawyers argued that the Portion 2129 is not a public park land – it’s a private property and will continue to develop the land despite warning from the NCD Governor.
