By Prior Beharry
RESIDENTS of Bombshell Bay on Gasparee Island have been barred from access to a beach on the island.
On February 7, they wrote a legal letter to the owner Mainline Trading Company Limited asking for access.
But, director of Mainline, Khalique Khan said the residence could have access but it must be subject to his rules and regulations.
In the letter sent by attorney Michael Vialva, more than 30 residents said that access to the beach was curtailed when the Government imposed restrictions due to Covid-19 regulations.
Since then access was denied and not granted even though the restrictions have been lifted.
The residents stated that their deeds give them access to the beach although it was owned by Mainline.
The letter noted that Mainline was the owner of the pool area and hotel on the island and by virtue of its deed was vested with the ownership of a strip of land used as the main access to the beach by residents and guests.
According to the residents, Mainline never allowed access after the restrictions to fight the Covid-19 pandemic were lifted and beaches were partially opened during specific times of the day.
The residents stated that a steel gate was installed and secured with a padlock, “in essence, terminating all access and egress to the beach along the right of way.”
They stated that contrary to covenants relating to notice being given to homeowners in relation to unknown persons visiting the island, several men wearing black attire were placed to man the gates and prevented access.
The residents also noted that the men were videotaped not wearing masks contrary to Covid-19 regulations. They also claimed that the security intimidated some of the residents.
They said that the actions by Mainline have caused them grave concern, not only that the covenants in their respective deeds were breached but they were begin held to ransom.
The residents want the beach to be reopened everyday for access to homeowners, family friends and tenants who will follow the necessary Covid-19 protocols.
They stated that they do not want access to the pool since under the Public Health guidelines it should be operated as a safe zone.
The residents also want the security personnel currently on the island removed and be replaced with new ones.
They also want no access on the beach for day-trippers.
The residents said they were willing to have a meeting with all the stakeholders to discuss the issue.
Contacted on Saturday, Khan said he owns the property and while residents will be allowed access to the beach they must be subjected to his rules and regulations.
Khan referred AZPNews.com to Kamaluddin Mohammed who owns the head lease for the area under Bayview Beach Resort and Marina Limited.
Mohammed told AZPNews.com that he has sold the beach area to Khan and he was entitled to impose any rules or regulations for that area.
Told that the residents are claiming that they have a right of way to access the beach, Mohammed replied, “Only under the terms and conditions set out by the lessor (Mainline).”
Khan was asked about the security personnel dressed in black.
He said, “I hired security to protect my property when they broke into it.”
Khan said the main gate was broken about two weeks ago and he put the security in place. He said he was speaking with his attorneys to determine whether to press charges against the perpetrators.
He said he may open back soon since the time restrictions have been lifted on beaches.
On Saturday, Minister of Health Terrence Deyalsingh announced that beaches and rivers will be opened back with no more restrictions on time from Monday.
But there is to be no playing of loud music, alcohol or open fires.
