Retention of land by government declared unconstitutional

Mr Justice Geoffrey Valenzia in the First Hall of the Civil Court yesterday upheld a constitutional application filed by a married couple against the Commissioner of Lands.

Francis and Mary Scicluna claimed that they owned an undivided half of three properties in Step Street, Valletta, and one property in West Street, also in Valletta.

In 1973 the government had taken these properties, under title of possession and use, and from that time the Sciclunas had not received any rent or compensation in respect of these properties. In 1999 the commissioner had requested the Rent Regulation Board to establish the fair rent for the properties.

But the board had dismissed this request. The board had noted that the properties had been demolished and new buildings constructed on the site. The commissioner could not therefore claim that he had acquired the properties for a temporary purpose.

The Sciclunas filed a constitutional application in which they claimed that they had been unlawfully deprived of their right to enjoyment of property.

Mr Justice Valenzia declared that it resulted from the evidence that in 2001 the property in West Street had been acquired by the government under title of public tenure.

However, the other properties had never been formally acquired by the Commissioner. The Commissioner had deprived the Sciclunas of their property under title of possession and use.

The law governing expropriation stipulated that after the lapse of 10 years from the taking of property by such a temporary title, the owner was entitled to request the Land Arbitration Board to order that the land be purchased. The 10 years had elapsed and the government had only purchased the West Street property and had failed to compensate the Sciclunas.

In conclusion the court upheld the Sciclunas' application and declared that the retention of the properties for a period of more than 10 years was in violation of their human right.

The court did not award the Sciclunas any compensation, as they were entitled to have recourse to the Land Arbitration Board in terms of law.

Lawyer Edward Zammit Lewis represented the Sciclunas. Lawyer Cynthia Scerri Debono acted for the commissioner.