The Lautoka High Court has struck out and dismissed the notice of motion filed by some Lautoka residents against the decision of the Director of Town and Country Planning to re-zone Shirley Park in Lautoka.
The plaintiffs include Orange Coast Investment Limited and some residents of Lautoka city.
This case was against the Director Town and Country Planning, the Lautoka City Council and Minister for Local Government.
The plaintiffs also alleged that the Director of Town and Country Planning failed to respond to their request for information and therefore it is in breach of section 25(1) of the Constitution.
On 25th June this year the plaintiffs filed to seek an injunction against the defendants by an ex-parte notice of motion.
They wanted the rezoning of Shirley Park from civil centre to a hotel zone be restrained.
Lautoka High Court Judge, Justice R.S.S Sapuvida ruled that having skimmed through the decisions of the Court of Appeal and the High Court on the matter, he needs to say that it is an ingrained legal notion that an injunction cannot be granted against the State.
He adds for the reasons mentioned, he holds with the submissions of the defendants.
He also highlighted that he finds the plaintiffs are patently guilty for the undue delay caused for not bringing their application within the mandatory period of 60 days from the date of the cause of action.
The plaintiffs are ordered to pay the defendants costs summarily assessed $750 as costs of the application.
