The case brought by Kamla Persad-Bissessar, who was a member of the opposition at the time. The LSA had moved in to destroy homes of squatters who had been occupying lands in central Trinidad owned by the former state sugar company.
On Friday Justice Carol Gobin agreed with Persad-Bissessar's argument that the LSA's move to destroy homes was unlawful.
The ruling sets a precedent in determining cases against the LSA that affect squatters, meaning that squatters could legally block the LSA from trespassing and demolishing their homes.
The judgement also means that squatters now have a level of protection, as the LSA can no longer move in and evict anyone who is squatting on State lands.
In 2008, Persad-Bissessar took up the plight of over 100 squatters who were living on lands formerly owned by Caroni (1975) Ltd in California, Central Trinidad. Some homes were destroyed; The LSA served eviction notices on others.
The judgement stated that the LSA did not and does not have the right to move in a knock down homes.
The judge said only the Commissioner of State Lands has the responsibility of dealing with squatters, not the LSA.
However she noted that the judgement "simply decides that the LSA, in actually evicting some of them and in threatening to evict the remaining claimants, acted unlawfully, in that it purported to exercise a power it did not have".
Attorney General Anand Ramlogan has congratulated Persad-Bissessar "for coming to the rescue of the hundreds of the dispossessed families when the government used brute force to evict them".
According to Ramlogan, "She acted in the finest traditions of the Bar by providing legal representation to a section of our society that needed the protection of the law the most, but could afford it the least. Her criticism of the then government's actions were clearly justified and she has been vindicated."
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