By: Dawda Baldeh
On 9th August 2022, Magistrate P.A Che of Brikama Magistrate Court issued a 30-day notice ordering people reported to have “trespassed” the fire belt area of the forest in Busura village to identify themselves and explain to the court why they have built or are building structures in the said area demarcated as fire belt to protect the forest from fire.
This order is part of a land suit involving the People of Busura Village (Plaintiff) against four defendants: Ebrima Jeng, Modou Sarr, Sulauman Camara and Aadama Sowe as first, second, third and fourth defendants respectively.
“In the interest of justice, I shall give one month notice from the date of this order to all those who have built or made blocks within the designated area to come and show cause why the structures or blocks shall not be demolished and taken away. Failure to report, this court shall make a demolition order without any other notice,” Magistrate P.A Che ordered.
According to the Magistrate, he had visited the site, as per the plaintiff’s request alongside the clerk, Alkalo of Busura village, members of the forest committee, youth representatives in the committee, amongst others. A roofed hut, three buildings and dug foundation were seen during the visit.
“I instructed the plaintiff to liaise with the Department of Forestry to provide me the map and a report with respect to the demarcation of the forest area,” the Magistrate wrote in the order.
The Magistrate continued that he received report from the Forestry Department with the headline: “Clarification on the 20-Meters Strip as Fire Belt as Forest Boundary Line” with a map of Badara Faye Community Forest, Western Division attached to it.
“I have looked at the praecipe, visited the locus (site) and carefully perused the report from the Regional Department of Forestry. It is my considered opinion that all the development falls within the 20-meter strip designated as fire belt. Any person who constructs within the 20 meters fire belt is considered as a trespasser. I was unable to hear from the alleged trespassers as no one owned up,” he added.
The plaintiff filed a praecipe claiming for the repossession of plot of land measuring 228M – 30M – 150M – 50M said to be part of the forest gazette area of the Local Government situated at Busura Village.
A restraining order was made against both parties from interfering with the plot of land in question by A.O Mendy of Brikama Magistrate Court. The first defendant was served but the other three could not be seen, according to Magistrate Che, adding that one Modou Jarju and Alagie Loum were found within the plot who said they were asked to work on the said plot by persons they don’t know. They were later arrested and interrogated.
The noticed was issued on the 9th of August 2022, meaning, by the 10th of next month, September the notice would have elapsed.
