The High Court has ruled that the Lautoka City Council is not entitled to compensation after failing to stop the use of a residential property for commercial purposes within Lautoka city boundary.

The Council filed a Statement of Claim on 13th October, 2008 against the lease holder alleging that they had been using their residential lots for commercial/industrial purposes contrary to their residential zoning by the Director of Town and Country Planning.

Master of the High Court Anare Tuilevu found that Suruj Singh and his wife did put their residential property to commercial use for at least some thirteen years and during that time, from 1995 to 2008, LCC served Notices on them.  

He noted that despite the warning, the Singh's remained unmoved throughout and instead, persisted in flouting the Local Government Act, the Public Health Act and the Planning Act.

The Lautoka City Council had also submitted that one ground for compensation is the nuisance suffered by the rate payers in the area.

However, Justice Tuilevuka said without prejudice to its duties there are no laws supporting that he grant the claim for damages for the nuisance suffered by the rate payers generally in the area.

He ruled that if there is a public nuisance on any property, the LCC also has a statutory duty to ensure abatement of that nuisance.

The property owners are to only pay for the court costs incurred by the council.