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THE High Court has ruled that the City of San Fernando unlawfully encroached upon private property in Marabella by constructing a concrete drain across it and must compensate the owner’s estate.

The judgment, delivered by Justice Marissa Robertson on October 23, awarded Kabita Rampersad, administrator of Seukaran Rampersad’s estate, $61,017 in compensation for the land used and $15,000 in general damages for trespass.

The case was brought by Kabita Rampersad against the mayor, aldermen, councillors, and citizens of the city of San Fernando. Rampersad owned 5,477 square feet of land bordering the Guaracara River. Around 2004, the city’s agents constructed a two-meter-wide concrete drain that ran through his property despite his objections.