Mintoff awarded Lm360,000

Former Prime Minister Dom Mintoff was yesterday awarded Lm360,000 by the First Hall of the Civil Court in compensation for the de facto expropriation of his home at Delimara.

His constitutional application, filed in conjunction with his wife who has since died, was made against the government, the Minister for the Environment and Enemalta Corporation.

In their 1994 application the Mintoffs had claimed that their fundamental human right to enjoyment of their own property, consisting of their home known as L-Gharix in Delimara, had been violated as a result of the construction of the Delimara power station just a road's width away from their home.

Mrs Mintoff died in the course of the proceedings and the case was continued in Mr Mintoff's name and in that of her heirs, Anna McKenna and Yana Joan Mintoff Bland.

In August 1995 the First Hall of the Civil Court had upheld the Mintoffs' application ruling that their fundamental human rights, as protected by the European Convention of Human Rights, had been violated.

The case was then put off for continuation on merits of what constituted a suitable and adequate remedy for the human rights breach.

On appeal from the 1995 judgment, the Constitutional Court ruled, in April 1996, in favour of the conclusions reached by the first court.

The Constitutional Court had found that the circumstances of the case were tantamount to a de facto expropriation of the Mintoffs' property.

The appellate court remitted the case to the First Hall of the Civil Court for a decision on the remedy to be awarded.

Mr Justice Gino Camilleri yesterday declared that the parties to the suit had held a number of meetings to reach a compromise solution to the litigation before the case was put off for judgment on May 21, 2004.

The first two judgments delivered in this case ought to be examined in detail, the judge commented.

The First Hall of the Civil Court had, in its 1995 judgment, ruled that the Mintoffs were the owners of a house at Delimara which was their residence. In 1988 the government had expropriated some land in the Marsaxlokk area for a public purpose in order to construct the Delimara power station. The Mintoffs' home was excluded from this expropriation order.

Until the power station was built the Mintoffs' house enjoyed a position of outstanding and enviable natural beauty. Now, as a direct consequence of the power station, the position was irremediably ruined, for the power station's massive chimney rose to a height of 250 metres only a few metres away from the Mintoffs' home. In fact, there was only a 15-foot gap between the power station and the Mintoffs' home.

The First Hall of the Civil Court had therefore concluded that, as a result of this construction, the Mintoffs had been deprived of the enjoyment of their property without compensation.

The Constitutional Court had added that as a result of the construction the commercial value of the Mintoffs' home had degenerated to a point that it was difficult to imagine that it had any value at all. The house had also lost any subjective value for the Mintoffs as they could no longer use it as their residence and, as a result, their quality of life was seriously adversely affected.

The appellate court had added that it would have been more prudent had the Mintoffs' house been expropriated together with the land at Marsaxlokk intended for the power station.

Mr Justice Camilleri declared he was bound by the two judgments and that he had now to establish what remedy the Mintoffs were entitled to.

Mr Mintoff was, like any other citizen, entitled to an adequate remedy for the damage he had suffered and was entitled to the protection of the law to the same extent as any other person. He was not to be penalised or favoured for his past role as a leading and important political figure of the country and the fact that he had occupied the post of Prime Minister for many years could not disadvantage or prejudice his constitutional rights.

No considerations, political or otherwise, had to be taken into account if they were not directly related to this case.

Mr Justice Camilleri noted that following the Constitutional Court judgment the parties to the suit had been continually involved in negotiations that could lead to the case being settled out of court.

In May 1998 the government had recognised that the Mintoffs had suffered a de facto expropriation of their property. It had accepted to compensate them by transferring to them land and a house at Fawwara at its own expense. The said land had a value of Lm230,000 and the government would pay the Mintoffs the sum of Lm128,000 representing the damages they had sustained, together with Lm4,950 being the cost of repairs to the property.

The Mintoffs would transfer their house at Delimara to the government.

However, this agreement fell through and discussions were then entered into concerning another plot of land in the locality known as Ix-Xifer. An agreement was entered into in June, 2002, between the Finance Minister of the time, on behalf of the government, and Mr Mintoff. The government was to apply to the competent authorities for a development permit for this land and to construct the building at government expense.

The house in Delimara was to remain the property of the Mintoffs and the government bound itself to compensate the Mintoffs for the damage sustained as a result of the power station.

The Mintoffs would then purchase the building at Ix-Xifer at market price and the compensation due to the Mintoffs and the price of the property would be offset against each other. However, the agreement did not list the compensation due to the Mintoffs or the value of the building. The agreement also stipulated that the government was to pay the Mintoffs Lm80,000 by way of compensation for inconvenience.

The point that remained to be decided, the court said, was whether this agreement between the parties led to the court case being settled by way of compromise out of court. If this were the case then the court had to stop hearing the case.

The law, Mr Justice Camilleri ruled, provided for a compromise of a court case to take place by notarial deed under pain of nullity in cases concerning immovable property. As a result it was clear that the 2002 agreement reached by the parties ought to have been formalised by public or notarial deed as it related to the transfer of immovable property to the Mintoffs.

The court had therefore to proceed to establish what remedy was adequate and suitable to compensate the Mintoffs for the human rights violation they had sustained.

In cases of expropriation, the land owner was entitled to suitable compensation linked to the value of the property in question. Furthermore, one had also to note that the Mintoffs had suffered and were suffering a violation of their fundamental human rights. Consequently, the compensation awarded had to take into consideration the lapse of time from the construction of the power station till the present.

Mr Justice Camilleri added that the intrinsic value of the property in issue was not the only consideration before the court. The inconvenience suffered by the Mintoffs had also to be taken into account, particularly as Mr Mintoff used to make regular use of the house even when he was Prime Minister.

The fact that certain events that might be described as historical had taken place at the house was, in the court's opinion, of marginal importance for there was no indication that the house was to be demolished. However, this would also be taken into consideration.

Another factor that would be taken into consideration was that the house was to remain the property of the Mintoffs.

Mr Justice Camilleri concluded that in the light of the various circumstances, the Mintoffs ought to be awarded Lm360,000 in compensation. All amounts that had been paid to the Mintoffs in the course of the judicial proceedings had to be deducted from this sum of money.

The government, the Minister for the Environment and Enemalta Corporation were ordered to pay the sum to the Mintoffs jointly between them. All costs were at the charge of respondents.

Dr John Attard Montalto and Dr Michael Sciriha were counsel to Mr Mintoff, Dr Patrick Galea and Dr Karmenu Mifsud Bonnici were counsel to Mrs Mintoff's heirs, Dr Peter Grech was counsel to the government and Dr J.J. Vella was counsel to Enemalta Corporation.