CCJ restores Order requiring GGMC to grant quarry license to Diamond

The Trinidad-based Caribbean Courtroom of Justice (CCJ) has dismissed the attraction by the Commissioner of the Guyana Geology and Mines Fee (CGMC) and ordered it to grant a quarry license to the Diamond Quarry for which the corporate had utilized since 2014.

As well as, CGMC was additionally required to pay Diamond’s authorized charges.

On March 28, 2014, Diamond utilized to the GGMC for a quarry license for 848 acres of land within the inside of Guyana often called ‘Monkey Leap’.

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Diamond had executed the analysis to make sure the land was not legally held nor utilized for by anybody. However on September 15, 2014, GGMC issued a cease-work order towards Baracara Quarries Inc. (‘Baracara’), as a result of it was occupying a portion of Monkey Leap that Diamond had utilized for. GGMC then printed a Discover of Intention within the Official Gazette to grant a quarry license to Diamond to which nobody objected.

GGMC assured Diamond that it will be granted the license as quickly as all of the statutory documentation was submitted and verified. These paperwork have been submitted and GGMC instructed Diamond that its utility had been ‘favorably thought-about.’

Nevertheless, regardless of these assurances, GGMC, at a gathering on February 10, 2015, said that a few years earlier, Baracara had utilized for a similar land for which Diamond had utilized, and the land can be divided between the 2 quarry firms.

Diamond took the matter to the Excessive Courtroom alleging that GGMC’s determination to subdivide the land was grossly unfair and based mostly on favoritism. The courtroom agreed and ordered GGMC to quash the choice to subdivide the land; grant the license to Diamond; and never grant a license to the land to anybody else.

GGMC appealed the ruling, and the Courtroom of Attraction dismissed the attraction and affirmed the orders of the Excessive Courtroom besides that it despatched Diamond’s utility again to be thought-about by the GGMC. Baracara didn’t attraction this determination, however GGMC requested the CCJ to reverse the Courtroom of Attraction.

In its judgment, the CCJ, the nation’s highest courtroom, discovered that the land for which Diamond had utilized had not been utilized for by anybody else, however that GGMC had nonetheless determined to subdivide the land between Diamond and Baracara.

The five-member CCJ panel of judges headed by President Justice Adrian Saunders, thought-about that this was unfair and illegal as a result of the GGMC had created a reliable expectation that it will grant the license to Diamond and had not offered any compelling public curiosity for not doing so.

Within the circumstances, the courtroom thought-about that it was applicable to revive the order of the Excessive Courtroom and to require the GGMC to subject the quarry license to Diamond. The GGMC was additionally required to pay the prices of the attraction.




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