Park fencing destroyed

By CHARLES MOI
NATIONAL Capital District (NCD) Governor Powes Parkop claims that Jack Pidik Park at 5-Mile in Port Moresby is a public recreation land.
Parkop led staff from the National Capital District Commission (NCDC) to demolish the fence erected by the owner of the piece of land Capital Centre Limited (CCL).
“We have taken back Jack Pidik Park,” Parkop said.
“It is public recreation land as far as we are concerned and shall remain that way until the commission decides otherwise.
“Even if it is commercial land, it can’t be developed without our approval. TST has no approval and has no power to unilaterally develop the land.”
The National was at the scene yesterday as an excavator demolished the fence before Parkop, NCDC staff and public.
The police were also there to observe. Some people were seen pulling out fence poles and taking away solar lights.
A private security firm manning the park for CCL was initially stationed at the park but later withdrew as the fence was demolished.
Parkop’s action comes despite a National Court decision on May 19 which declared CCL the registered proprietor and had a title over the piece of land known as Portion 2192 or Jack Pidik Park.
The court had also ordered;

• THE NCDC and other defendants give vacant possession to (CCL) within 45 days from the date of the order; and,
• 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 allowed CCL to erect a standard fence around the piece of land at the expiration of 45 days which lapsed on July 3.
Parkop, NCDC, Port Moresby Vendors Association, Land secretary Benjamin Samson and the State were defendants in the case.
When Parkop was asked by The National concerning the court order, he said: “We are going to court to challenge the entire title.
“That issue (land title) has not been decided by the court.
“We have got a legitimate title so we are going back to court with a substantive application to challenge that title. But, for now, we are imposing the authority of the commission and the Physical Planning Board.
“We are the only authority in the city that can authorise any type of development in the city.
“I am following the law because we gave them (CCL) a notice to stop work and we gave them a demolition notice (but) they did not comply with.
“I have the powers of the municipal government and physical planning. I understand they have a court order but they have not respected that court order. That court order is something for the court to decide.”
Parkop said their issue of contention was the re-zoning of the land by the Lands Department in June 2014.
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 land the company owned near the Port Moresby General Hospital, to allow for the hospital’s expansion.
When The National contacted Jema Lawyers, the firm said TST would release a statement concerning the incident.
Questions were sent to TST but The National did not receive a response before going to press.
But Renee Siaguru, of Jema Lawyers, said last week that CCL had to put up the fencing because it owned the land.