Property owner wins Lm550,000 in damages

A property owner at Delimara was yesterday awarded Lm550,000 in compensation by the courts after his property had been expropriated for the construction of the power station.

This award substantially exceeds that made to former Prime Minister Dom Mintoff.

The First Hall of the Civil Court had, in August 2004, awarded Mr Mintoff the sum of Lm360,000 by way of compensation for the de facto expropriation of his Delimara home, called L-Gharix. This award had been confirmed by the Constitutional Court two years later.

Mr Justice Raymond Pace awarded damages of Lm550,000 to Alfred J. Baldacchino who had sued the Commissioner of Lands, Enemalta Corporation and the Director of Works.

In 1993, Mr Baldacchino said the authorities had expropriated his residential property at Delimara and had offered him Lm107,000 as compensation. However, over a number of years, Mr Baldacchino had suffered damages as a result of construction works carried out next to his property in connection with the building of the power station.

He claimed that he had sustained damages both to his quality of life and to the value of his property. Mr Baldacchino was then informed that his land was no longer required by the authorities and was asked to sign a disclaimer of responsibility towards the authorities in question in respect of his property.

He had refused to sign the disclaimer and had requested the First Hall of the Civil Court to declare that the authorities were liable towards him in damages.

In June 2002, a judgment by the First Hall of the Civil Court had found in favour of Mr Baldacchino and had concluded that the authorities' actions in his respect had been abusive and illegal and in violation of his rights as a property owner.

That court had held the authorities liable for the damages Mr Baldacchino had sustained.

The case was then put off for an award of damages.

The First Hall of the Civil Court heard the evidence of technical experts who said that, prior to the expropriation, Mr Baldacchino's property, which consisted in a villa and swimming pool and other amenities, would have been valued at Lm750,000. Following the construction of the power station, the property would be valued to the tune of Lm200,000.

The court therefore awarded Mr Baldacchino Lm550,000 in damages.