The saga over the development of a camp site at Dahlet ix-Xmajjar, near it-Torri l-Abjad at Armier, took a new twist yesterday as the son of the farmer who has a claim over the land confronted the developer in public, and rubble was found dumped at the site.

The farmer, who used to work the land, had filed a court case and then an appeal, in March, against the Land Department, after the department expropriated the site for public use. But despite the ruling (see below), the farmer and prospective developer are both claiming they have a right to the land.

Their conflict was played out yesterday as developer Silvio Abela was about to start a press conference on the site. The son of Emanuela and Benigno Vella, who had instituted the court case, made an appearance and demanded to know what was taking place there.

Mr Vella Jnr accused Mr Abela of being 'hard headed' and said that his efforts were futile because their lawyer, Dr Joe Brincat, had assured them that the site could not be developed following the sentence handed down by the court of appeal.

Mr Abela countered that the land had been awarded to him after a call for tenders and that he had already invested thousands of liri to develop the area into a camp site. The farmer's lease had been terminated by the department in the mid-nineties, he said.

Mr Abela and his lawyer, Noel Camilleri, argued that the department had won the original court case, adding that "this decision by the court of appeal did not alter anything decided by the first court on the main issue" and that now Mr Abela had the right to start the proposed development, for which he also has the necessary permit from the then Planning Authority.

He said the land was awarded on a 10-year lease and that he had yet to sign the contract with the department.

Meanwhile, a furious Mr Abela said that someone had dumped tons of rubble around the perimeter of the land earmarked for the camp site. The rubble was dumped in a way as to prevent people from using the site. Someone has also started building what appears to be a low rubble boundary wall.

Mr Abela, who is accusing the farmer of defying the court order, said that although a report about the dumping was made to the police and to the department, no action has been taken.

He said that the rubble surrounded both the area which was expropriated from the farmer and a larger area over which there was no dispute.

The area of the campsite, which was previously used as a rubbish dump, had been cleared by the department.

"I have been experiencing delays for so long. Everything is according to the law and now I am determined to start with the project in the coming days," Mr Abela said.

Mr Abela had been given the 16 tumoli of land after he answered a call for tenders in 1997. Two years ago he obtained the permit by the then Planning Authority. In the meantime he has invested some Lm60,000 in the project, which is expected to cost him over Lm150,000, he said.

When he obtained all the permits and went to the site with his architect, they realised that there was a "squatter" who was working the land without any title.

The Land Department issued an eviction notice, but when this was ignored, it expropriated the land and the farmer filed a civil court case against the department, which the department won.

Dr Camilleri said that the appeal court had condemned the department and the Attorney General to pay the farmer the sum of Lm500 as a remedy.

But he claimed that at no stage did the court order that the land should be given back to the farmer.

When contacted, Dr Joe Brincat preferred not to comment.

In their appeal, the Vella family claimed a breach of their fundamental human rights to the peaceful enjoyment of property and freedom from discrimination and the right to a fair trial within a reasonable time by an independent and impartial tribunal.

The Civil Court had dismissed all their claims but the Constitutional Court found in favour of the Vella family's claim to a breach of their right to the enjoyment of property.

It also declared null and void section 22 (1) of the Agricultural Leases (Reletting) Act on the manner in which the Commissioner of Land may prevent renewal of a lease.

The section reads: "Whenever the President of Malta makes a declaration [that any agricultural land belonging to or administered by the government [is] required for a public purpose], the Commissioner of Land may prevent the renewal of the lease of the land in respect of which such declaration has been made by causing a copy of the declaration, together with the particulars sufficient for the purpose of identifying the land and with an indication of the lease which the government is not allowing to be renewed, to be published in the Gazette and on the notice board of the police station, or, as the case may be, of each police station of the town or village where or within the limits of which the land is situated."

The Constitutional Court also ordered the Commissioner of Land and the Attorney General to pay the Vella family Lm500 as a remedy for the breach.