€500,000 compensation for land expropriated over 50 years ago
Land was requisitioned to make way for the freeport
A family that has waited 50 years for compensation for property expropriated to make way for the development of the freeport has been awarded close to €500,000 as compensation, including €5,000 for moral damages.
Six plots of agricultural land in Kalafrana and Bengħajsa had been expropriated in February 1969 along with another site, which was formerly known as Villa Cachia.
The sites were taken by the State “for a public purpose” and all structures built there were demolished, eventually making way for the Freeport zone.
However, the landowners were left high and dry.
When the landowner, Paul Cachia and his wife died, the properties devolved upon their heirs in equal shares but, 50 years down the line, no compensation was ever received for the expropriation.
The owners filed separate proceedings, arguing that there was no public purpose since the freeport was a private enterprise.
They pursued their claims right up to the European Court of Human Rights, which, ultimately, turned down their claims on the basis that they had not exhausted all domestic remedies.
The landowners then filed constitutional proceedings claiming that their fundamental rights were breached since they were denied compensation representing the value of the lands on the open market.
Mr Justice Mark Simiana, presiding over the First Hall, Civil Court in its constitutional jurisdiction, declared yesterday that there was an “exaggerated delay” in the applicants’ case.
The value of the land had changed in light of the inflation index.
The court pondered at length whether it was to award compensation since that matter fell within the special competence
of the Land Arbitration Board as the judicial organ that was to mete out compensation to owners of expropriated properties.
However, the court observed that, if it were to refrain from awarding compensation, it would further protract a situation which it found to breach
the applicants’ fundamental rights.
The court, thus, proceeded to work out the relative compensation according to the Government Lands Act.
That sum totalled €432,345.43 for the breach of their fundamental right to enjoyment of property, together with a further €5,000 in moral damages.
The court also ordered the Lands Authority to publish the deed of purchase within three months of final judgment.
Lawyers José Herrera, Mario de Marco and David Camilleri assisted the applicants.