Capital Center Limited, the Company locked in a battle with the National Capital District Commission (NCDC) over the Jack Pidik Park has responded through their legal representation.
Capital Center Limited is claiming that it is legally correct in putting up a fence around the area of land, something that the NCD Governor is fighting to prevent.
Representing Capital Center Limited, Renee Siaguru of Jema Lawyers presented all documents pertaining to the land, formerly known to Port Moresby residents as the Jack Pidik Park. She explained the need for fencing to be put up around the park, stating that it was a requirement of the court order obtained by the company.
“In the court orders, the court declares that portion 2192 is the registered property of Capital Center Limited. The court also ordered that anyone on the property should give vacant possession to Capital Center limited within 45 days from the date of the order which is 19th May 2021. In the nature of our permanent injunction, the defendants, their servants, associates, agents and associates are restrained from entering into and enjoying the land unless upon written authorization from Capital Center Limited. They are also restrained form intimidating, harassing abusing, physically interfering and threatening Capital Center Limited, its servants, associates agents or invitees.
“So that covers what is happening onsite now. No one should be allowed to go onto the land and interfere with the fencing that is going on. It is ordered by the court. The court order is contemptuous in nature and so all parties in this proceeding are supposed to comply with it. So our client is also just complying with the court order. So if there is anything that needs to stop, it needs to come from the court because we also have a court order to comply with,” Siaguru explained.
Siaguru also presented a copy of the gazettal, dated Thursday 26th June 2014 that showed the rezoning of portion 2192 from open space or park, to a commercial area.
A copy of the Surveyors report from the office of the Surveyor General dated 10th May 2021 was also presented, stating that the land was acquired legally, and that NCDC does not have legal rights under the Land Act 1996, and the survey act to encroach into any developments, without identifying legal boundaries.
A title that was awarded to Boy Consultancy Limited, now Capital Center Limited, was also presented.
“I can confirm that all these documents were attached as court documents in an affidavit that was filed in these proceedings and NCDC was represented by their principal legal advisor throughout the entire court proceeding, mediation and later service of these documents were also duly made on NCDC.
“In response to the gazette and surveyors report, all documents are on record so we will base our arguments on those.
“Any stop work notice or demolition notice and any interference happening onsite right now is contempt of the court orders. We will not be able to stop until we have another court order to stop us, otherwise, we will also be in contempt of court,” said Siaguru.
Work on constructing the fence around the part, is still ongoing.