Mahen Seeruttun a pris la parole lors de la partie des questions parlementaires aux ministres lors de la séance du 7 mai 2024.
B/281 The Honourable Second Member for Port Louis South and Port Louis Central (Mr Uteem)
To ask the Honourable Minister of Agro-Industry and Food Security
Whether, in regard to the illegal construction on River St Louis at Cardinal No .5, Morcellement Raffay, Pailles, he will, for the benefit of the House, obtain from the Conservator of Forests, information as to the actions taken for the removal thereof?
B/283 The Honourable First Member for Port Louis South and Port Louis Central (Mr Osman Mohamed)
To ask the Honourable Minister of Agro-Industry and Food Security
Whether, in regard to the case of Forestry Service v/s B. W. M., in connection with the illegal construction of poultry pen at Cardinal No. 5, Morcellement Raffray in Pailles, wherein judgement was delivered on 22 May 2008 ordering the demolition of the illegally built structures, he will state the actions taken in relation thereto?
Mr. Speaker, Sir
With your permission, I shall reply to PQ B/281 and B/283 together as they relate to the same case.
Mr. Speaker, Sir
I am informed that at the request of the Forestry Service of my Ministry, Mr B.W.M. was on 8 May 2008 prosecuted before the District Court of Moka, for the illegal construction of a concrete poultry pen of about 48 meter square on the reserve of Rivulet St Louis at Avenue Cardinal, Morcellement Raffray, Guibies, Pailles.
The judgement was delivered on 22 May 2008 and Mr B.W.M. was sentenced to pay a fine of Rs2000 and cost Rs100. He was also ordered to remove the illegal concrete structure within a delay of one year.
However, Mr B.W.M. failed to do so. A new case was, therefore, lodged by the Forestry Service against him for non-compliance with the court order.
The case was heard on 18 November 2009 and Mr B.W.M. was sentenced to pay a fine of Rs3500 and cost Rs100. However, the then District Magistrate of Moka did not order the pulling down of the illegal structure.
Mr. Speaker, Sir, the Attorney General’s Office was consulted and following its advice, Mr. B.W.M. was prosecuted for a third time before the District Court of Moka for non-compliance to court order. He was convicted and sentenced to pay a fine of Rs3500 plus Rs100 as cost. However, the District Magistrate again did not order for the demolition of the illegal structure.
On 02 May 2013, the advice of the Attorney General’s Office was sought anew on the course of action to be taken against Mr B.W.M., the moreso as a site visit carried out by Forest Officers at that time revealed that only ten hens were reared in the poultry pen and which according to Mr B.W.M. were meant for his own consumption. The House may wish to note that for poultry rearing to be classified as trade under the Local Government Act 2011, 25 to 500 birds are required.
Mr. Speaker, Sir
The Attorney General’s Office reiterated that the Forestry Service should proceed with the penalties under sections 15(4) and 15(5) of the Forests and Reserves Act which respectively provide for, I quote:
(1) “Any person who fails to comply with an order made under subsection (2)( c ) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 5,000 rupees and to imprisonment for a term not exceeding 2 years”
(2) ‘’The court before which a person is convicted of an offence under subsection (4) may, in addition to any penalty imposed, authorise the authorised officer to remove the plant, structure, article, thing or rubbish at the expense of the offender.” End of quote
Furthermore, the matter being of a criminal nature, the Attorney General’s Office advised the Forestry Service to refer the case to the Office of the Director of Public Prosecutions (DPP) for assistance.
On 30 August 2013, the DPP requested for a new case to be lodged against Mr B.W.M. for failing to comply with the Court order of 22 May 2008, that the pulling down of the structure built, in breach of Section 14(1)(c), 15(1), 2 (c), 4 & 5 of the Forests and Reserves Act of 1983.
Mr. Speaker, Sir
The case was lodged, and called before the District Magistrate Port Louis on 29 June 2019. The accused pleaded not guilty and added that he had been prosecuted several times for the same offence. As a consequence, the case was postponed for 12 August 2019 on grounds that confirmation of the Attorney General’s Office was required as to whether the accused was indeed prosecuted several times.
Thereafter, upon request of the Attorney General Office, the case was postponed for 1 October 2019, 28 November 2019 and 20 January 2020 respectively.
On 20 January 2020, the Police Prosecutor informed the court that he was instructed by the Attorney General’s Office to withdraw the case and consequently same was dismissed.
Mr. Speaker, Sir
As you will note, the Forestry Service left no stone unturned to have the illegal structure erected by Mr B.W.M. removed. Unfortunately, this could not happen. It is good for the House to note, Mr. Speaker, Sir, that following a latest site visit carried out by Forest Officers, it has been observed that the illegal structure is still there and due to erosion, the structure now stands partly on the river reserve and partly on the river bed. Furthermore, the structure seems to have now been converted into a residential block.
In view thereof, the Forestry Service has solicited the Municipal Council of Port Louis, for necessary action to be initiated against Mr B.W.M. under the provisions of the Local Government Act 2018.
