By SHIRLEY MAULUDU
A COMPANY says it had to fence a piece of land it owns at 4-Mile in Port Moresby – which the National Capital District Commission (NCDC) is unhappy about – to comply with a court order.
The Capital Centre Ltd (CCL), fenced portion 2192, commonly known as Jack Pidik Park, after the National Court on May 28 this year granted it “leave to erect a standard fence around the property at the expiration of 45 days from the date of this order”.
The CCL is part of the TST group of companies. It is represented by Jema Lawyers.
The piece of land was given by the Government to CCL in 1991 in exchange for a land the company owned near the Port Moresby General Hospital, to allow for the hospital’s expansion.
Renee Siaguru of Jema Lawyers said yesterday that a business title was awarded to CCL on April 14, 1991.
“So portion 2192 has been the registered property of Capital Centre Ltd since,” she said.
She added that on June 26, 2014, the piece of land marked as an open space park was rezoned as commercial.
A status report from the surveyor-general dated May 10, 2021, confirmed that the registered survey map was current and at his office.
Siaguru said after the NCDC tried to block CCL from developing the land, the court on May 19 this year ordered that:
- CCL is the registered proprietor and has a title over the land known as portion 2192;
- THE NCDC and other defendants shall give vacant possession to (CCL) within 45 days from the date of the order;
- THE defendants, their servants, associates, agents and invitees are restrained from entering onto and enjoying the land known as portion 2192, unless upon written authorisation by (CCL).
The court also ordered that CCL, its servants, associates, agents and invitees must not be intimidated, harassed, abused, physically interfered with and threatened.
Siaguru said the company had to put up the fencing because it owned the land.
“The land is exposed and realistically, no one will stay off the land if there isn’t a fence around (it). And so the fencing is erected to comply with this court order.”
NCD Governor Powes Parkop said yesterday that their issue of contention was the rezoning of the land by the Lands Department in June 2014.
He blamed the department and the Government for creating “a situation” which they must now fix.