The High Court in Ba has mandated the iTaukei Land Trust Board (TLTB) to halt any actions related to the surrender or cancellation of the native head lease without the consent of the Toko 999 Leaseholders Association. This ruling was issued by Justice Samuela Qica on May 29, following a legal claim initiated by Nirendra Singh, Dhirendra Singh, and Rohit Narayan from the leaseholders association, who were represented by attorneys Ashnil Narayan and Payal Kumar from AK Lawyers.
The plaintiffs sought the court’s intervention to affirm that the TLTB and its agents do not possess the legal authority to surrender the native head lease against the wishes of the plaintiffs and their fellow sub-lessees. They called for court orders to prevent the TLTB from initiating any actions related to the head lease surrender that could adversely affect their registered sub-leases and other interests.
Justice Qica’s decision specifically prohibits the TLTB and its agents from surrendering or canceling Native Head Lease Book 29 Folio 30, which has implications for the sub-leases stemming from that head lease located in Tavua, Colo North Province. As part of the ruling, the TLTB is required to file an opposing affidavit within 21 days, with the case adjourned until July 24.
This development aligns with broader ongoing disputes surrounding land tenure in Fiji, particularly concerning the long-standing 999-year leases originally granted in Toko, and echoes sentiments expressed by tenants who have recently organized to contest what they perceive to be unjust directives from the TLTB regarding these leases.
Similar recent cases highlight the tenants’ determination to uphold their lease rights amidst pressures from the TLTB to comply with lease modifications. This scenario reflects the complexities of land management in Fiji and emphasizes the essential nature of establishing transparent and equitable relationships between tenants and landowners.
As discussions continue, the focus remains on the potential for achieving legal resolutions that can benefit community members and protect their rights, fostering a more stable and secure environment in the region. The engagement of both the TLTB and the community through ongoing dialogues serves as a hopeful indicator of future compromises and adherence to lawful agreements.
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