THE URGENCY of the claim brought by the five Portmore residents who are challenging the toll in the Portmore section of Highway 2000 has resulted in the matter being set for hearing on August 8, during the legal vacation.
A Full Court is to hear the claim in which the residents are seeking several declarations.
When the matter came before Justice Mahadev Dukharan in chambers at the Supreme Court on Wednesday, attorney-at-law Oswald James was seeking an injunction to bar Minister of Transport and Works, Robert Pickersgill, from demolishing the Portmore Causeway.
Solicitor-General Michael Hylton, Q.C., and Deputy Solicitor-General, Patrick Foster, informed the judge that the new bridge would not be built before August 8, therefore, the existing structure would not be demolished before the matter is heard on August 8.
Following that disclosure, Mr. James withdrew the application for an injunction.
So far, there are two claims pending in the Supreme Court in relation to the Portmore leg of Highway 2000.
Last week, the Supreme Court gave the go-ahead for the Portmore Citizens' Advisory Council and the Portmore Joint Citizens' Association to apply to the Judicial Review Court for orders to quash the minister's order in so far as it relates to the Portmore section of Highway 2000.
UNLAWFUL
They are also seeking a declaration that the designation of the Mandela Highway as an alternative route is unlawful. They will be asking the court for an order prohibiting the minister from prescribing in respect to the Portmore section.
But, Mr. Pickersgill, in a statement, described the suits as "a bit premature". He emphasised that before a toll can be implemented, certain procedures must be followed. These include the receipt of an application from the concessionaires, the consideration of the application by the minister and the toll regulator, the advertising of a notice of intention to make a toll order and the gazetting of the actual toll order.
He said the Government realises the importance of having the cases disposed of as soon as possible and is, therefore, willing to cooperate with the applicants and the court.
The Portmore leg of Highway 2000 is scheduled to be opened in January 2006.
