The High Court in Suva has denied an application from K Bhindhi Bros Pte Ltd, the registered owner of the Veidogo Settlement land in Vatuwaqa, seeking the eviction of approximately 800 occupants from the site. This landmark decision underscores the ongoing complexities surrounding land ownership and the rights of informal settlers in Fiji.
The company, claiming significant trespass by the residents, argued that their ability to develop the land was compromised. However, the court’s ruling cited the long-standing presence of the settlement, which has been established for over 60 years and is home to 139 households and 798 individuals, including many children.
The residents of Veidogo contend that their communal ties extend back to the land’s development, where original inhabitants, primarily iTaukei, settled and constructed homes on swampy terrain using mangroves. They assert that their occupation of this land is rooted in a historical connection to the area, which has been further complicated by shifting ownership claims.
Justice Dane Tuiqereqere noted in his judgment that the case is fraught with unresolved questions regarding the nature of the land, its classification as mangrove land, and its status as part of the foreshore. The judge acknowledged that although K Bhindhi Bros is the registered owner, the rights and interests of the residents complicate the situation, particularly given the lack of formal efforts to remove them over decades.
Additionally, the court recognized the promises made by the plaintiff regarding relocation assistance, which remain unfulfilled. With testimonies presented by numerous residents, it became apparent that the claims of the company and the rights of the occupiers do not lead to a clear solution.
The Human Rights & Anti-Discrimination Commission has suggested creating a comprehensive housing relocation plan involving government consultations to better address the needs of the families living on the property. Justice Tuiqereqere emphasized the importance of dialogue between the occupiers and the landowner to explore viable solutions.
This ruling represents a significant moment in the legal landscape concerning land rights and housing in Fiji. While it highlights the challenges faced by property owners in asserting their rights, it also sheds light on the profound implications for informal settlers who have built their lives and communities in these areas. The potential for collaborative discussion and planning could lead to sustainable solutions that prioritize both legal property rights and the human rights of those living in informal settlements, fostering a path toward improved community relationships and living conditions.
In an uplifting perspective, this case invites all stakeholders to engage constructively, creating a dialogue that respects both the rights of landowners and the needs of residents, paving the way for equitable development and social support initiatives in the future.
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