The iTaukei Land Trust Board has surrendered the land known as "Toko" in the district of Tavua after being a lease for a term of 999 years from 15th November 1907 having an area of 701 acres and owned by the Mataqali Navusabalavu and Tilivasewa.
In a statement released by the TLTB says, they, under section 4(1) of the iTaukei Land Trust Act 1940, are vested with the responsibility to control and administer iTaukei land for the benefit of the iTaukei landowners and for the long-term protection of iTaukei land.
They say this core role is supported by section 28 of the 2013 Constitution which recognizes that ownership of iTaukei land remains with its customary owners.
They add furthermore section 29(4) of the 2013 Constitution provides that whilst the rights of lessees and sublessees are determined in accordance with the provisions of their lease agreement, there is a responsibility to ensure that iTaukei owners receive 'a fair and equitable return' on the use of their land.
TLTB says the Toko lease, was initially leased to Eva Annie Easton and Harold James Thomas by the then Commissioner of Lands following an Order-in-Council and the lessees partially surrendered two lots from the lease on 31st July 1937 and subdivided the balance area between 29th August 1941 to 27th October 1944.
They say upon their demise, the head lease was transferred to the Board on 12th May 1970, therefore, in exercise of its powers as the Head Lessee, the Board has surrendered the Toko lease and facilitated the issuance of new leases to those tenants and occupants.
TLTB says the decision to surrender the Toko lease was made pursuant to a resolution of TLTB's Board of Trustees after proper consultations had been carried out and in line with the mandate of the Board under the iTaukei Land Trust Act 1940 to properly administer iTaukei land for the benefit of the iTaukei owners.
They say this decision ensures that the leases to be issued after the surrender fully comply with all the provisions under the Act and all its Regulations.
TLTB has given notice to all tenants and occupants within the Toko lease that a declaration of any sublease, tenancy, or interest they may have in and on land or lands within the Toko lease, must be registered with TLTB within 30 days from the date of first publishing of their notice.
They further say that all declarations of sublease, tenancy, or interest must be accompanied by documentary evidence duly attested and any declarations that are found to be false will be subject to legal action.
TLTB says expiry of this 30-day notice, TLTB shall begin the surrender process of the Toko lease and only valid legal tenants and occupants who have provided relevant documentary evidence confirming their tenancies shall be issued with formal leases thereafter.
Meanwhile, a concerned family member of the tenants has raised concerns on this decision saying that his great grandparents lived on that land when they came from India in 1912.
He says his grandmother still lives there with his uncle and she is about 88 years old.
He adds a lot of farmers will be affected, especially those elderly people who are illiterate as it might be hard to do the necessary paperwork to apply for a new lease.
We have sent questions to TLTB about the concerns raised and we are awaiting their response.
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