According to the municipality, the company had begun work on the construction of a dam at Impasse Thompson, damaging damage to the public road. She also built a wall along the former Thompson Road without a license.
In his judgment, Justice D. Chan Kan Cheong sitting in the Supreme Court finds in favor of the Municipality of Vacoas / Phoenix. Mooraby-Shining Enterprises Co Ltd has four months to restore this public place to its original state.
In its complaint, the Municipality of Vacoas / Phoenix should be emphasized that it is responsible for the maintenance, construction, care and improvement of roads within its administrative region, especially the Impasse Thompson and former Thompson Road are public paved roads.
Municipality said Mooraby-Shining Enterprises Co Ltd is the owner of a parcel of land bounded by, inter alia, the two paths. According to the municipality, the company unlawfully (a) started to build a wall along the Impasse Thompson has damaged the said public road. She also built a wall along the former Thompson Road without permission. An application for an interlocutory injunction to halt construction was issued.
Municipality has requested the Court to order Mooraby-Shining Enterprises Co Ltd to cease all illegal constructions and restore the public road to its original state. In its defense, the company argued that the municipality had acted in a discriminatory manner because it failed to take action against other offenders of the same kind. According to her, the municipality has acted in bad faith.
Thus in his report, a land long experience has shown that the land originally formed a single plot of 50 perches. The municipality had approved the subdivision into two parcels under certain conditions, "a reservation road 0 m 90 to be left along Thompson Road and the current paved road." The surveyor found that the company had partly fulfilled the condition of a road reserve 0,90 m to the left along the former Thompson Road since she left a reserve of 0,77 m. On the other hand, the defendant did not, however, complied with the condition on a road reserve 0,90 m to the left along the Impasse Thompson. Mohammad Ali Farouk Moraby, denied having started illegal construction and have damaged the roads. He also added that no permit was required by him for the construction of a wall. It should also be noted that he had for neighbors a former mayor and others working in the municipality. In its judgment, the Court held that the defense failed to prove that the Impasse Thompson is a private road. " In these circumstances, I find that, for the purposes of the present case, it cannot be disputed that Impasse Thompson is a public road. Clearly, the defendant cannot now go against its own aveu judiciaire, "reads the judgment. As for illegal construction, the Court relied on the surveyor's report on which, says the judge, the defense did not object. " I, accordingly, hold that the erection by the defendant of an enclosure wall along these 2 roads without leaving a road reserve of 0 m 90 was unlawful. In these circumstances, I believe that there is no need for me to further consider whether the defendant had to obtain a permit before erecting the enclosure wall, the more so that the point was not seriously pressed by the plaintiff whose representative gave vague answers on this issue."
