Family granted €225,000 compensation for rights violations in expropriation case
The government has been ordered to pay a family €225,000 as compensation for human rights violations in connection with expropriation of land now forming part of Malta Freeport.
Mr Justice Gino Camilleri in the First Hall of the Civil Court found in favour of the Randon family and ruled that its fundamental human right to have recourse to the courts had been violated following the expropriation of land at Benghajsa in 1969.
The family claimed that the Commissioner of Lands had not referred the issue to the Land Arbitration Board with a request for the outright purchase of the land and the establishment of compensation. Reference to the board was only made after the family took the commissioner to court in 2000.
In the meantime, the Freeport had been privatised. Thus their land was not being used for a public purpose, since the Freeport had been privatised.
In his judgment Mr Justice Camilleri said there was no doubt that the expropriation had taken place in the public interest. The Freeport project was in the national interest and the private company that ran it paid a substantial rent each year for the land. This income was, in the final analysis, for the benefit of the community in general.
Mr Justice Camilleri upheld the family's claim that it had been deprived of access to a judicial authority. In terms of law it was only the Commissioner of Lands who could have recourse to the Land Arbitration Board to obtain a valuation of the land. However it was only after decades had elapsed that the family was given indirect access to the LAB. In cases such as these, the Commissioner of Lands was bound to act in an expeditious and reasonable manner. The Commissioner had failed to do so and as a result the Randon family had been deprived of its right to access to the courts.
Mr Justice Camilleri did not accept the family's claim that it had not been given a fair hearing within a reasonable time. The family said that over 30 years hd elapsed from the expropriation in 1969 until the Commissioner had filed proceedings before the LAB. But the court noted that once the proceedings before the LAB were still pending, it could not determine whether this human right had been violated.
The court ruled that the family was entitled to €225,000 as compensation for the violation of its human rights.
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C.Camilleri
Oct 22nd 2008, 15:11
This is only fraction of the properties grabbed by Govts (especially labour Govt.) whose owners are still waiting compensation. Recently the landlords of fields at Wied Blandun Valley taken over by labour in the late 70s has complained to the Times about his case. The Randon family finally has been rightly compensated, but when will the thousands of landlords whose properties were stolen by the labour Govt to turn them into labour clubs or for distribution to party members get their properties back or be compensated for the abusive acts of the Govt?
The hurts more when one sees his property in prime area held by the Labour Club but not used like the one at Paola Square.
get their properties back or some form of compensation.
Noel Cutajar
Oct 22nd 2008, 14:54
To all: This judgement does not question the right for any government to expropriate land for public interest. In this case their right was violated as they had no recourse to claim compensation for the land expropriate. It was not a matter that land was taken to be given to a third party.
P Sultana
Oct 22nd 2008, 12:43
What a disgrace of a country the Maltese have made of Malta.
Gerard Cassar
Oct 22nd 2008, 11:25
Mr Ray Gatt.
Quote" 2 years after 1969 Mr. Mintoff and his ministers came to power. Why did they not do anything about it? They had a whole 16 years to make it right.
Me: 16 years of MLP government followed by nearly 20 years of PN government who did nothing about it? they had 20 whole years to make it right.
The main argument that the expropriation was done by the Christan Democrats alias P.N.
Ray Gatt
Oct 22nd 2008, 09:13
@ I Galea - 2 years after 1969 Mr. Mintoff and his ministers came to power. Why did they not do anything about it? They had a whole 16 years to make it right. Probably they were too busy taking public property to turn it into MLP brainwashing clubs (Brigata). As for the rent you're saying MLP is paying, well, could you give us some examples please, starting with Pembroke. And they call us PN apologists. Have a look in the mirror first and then you'll have the right to comment. You can't call one wrong wrong and another wrong right. You have to be consistent Mr. Galea. I say we do not live in a perfect country, far from it and yes there are wrongs going on which bother and outrage me, but I would rather have it this way than live under the bullying systems of the 70ies and 80ies. How do you expect me to forget people who served as minister in those days who got rich together with their cliques off the peoples backs.
l Galea
Oct 22nd 2008, 00:24
J Martinelli
I have nothing to hesitate about.
How many properties were requisitioned by the Nationalist Government to be used for the same purpose?
The Nationalist Party HQ Redifusion shady land "deal" is enough I think.
Labour bought the property to build its HQ.
Rent is paid for Labour Party Clubs.
43 years and the family has not yet been compensated. This is a shame on a Government which professes itself to be Christian Democrat.
By the way, haven't you heard that the Nationalist Government requisitioned the land for the University of Malta at Tal-Qroqq and the owners have not yet been paid because they had been offered a mere pittance for land worth millions and the case is still going on in Court after nearly FIFTY YEARS?
This again was a requisition by your Nationalist Christian Government Mr Martinelli.
J Martinelli
Oct 21st 2008, 21:40
@ I Galea
It was followed 2 years later by a Labour government which requisitioned private property to convert to Malta Labour Party Clubs.
In the first place, the land in question served the nation well. In the second instance it deprived rightful owners of rent income for the last thirty years.
So, if I were you, I would hesitate to bring this up.
l Galea
Oct 21st 2008, 20:43
Who was in Government in 1969?
P Grech
Oct 21st 2008, 20:25
...anyone want to hazard a guess as to the compensation payable by the MLP for their requisitioned clubs? We want to see the new generation tackle this one!!! Perhaps a zillion free Redtouchfone SMS's as compensation? hahahahaha
Michael Gatt
Oct 21st 2008, 19:37
Family owns some tumoli of land at the freeport, and has not been awarded any compensation for the last 40 years. Also, the government is making millions of money out of the family without even having the decency to give some compensation (for the property not Human Rights).
It also took 43 years for the case - and basically it hasn t even started! What a absolute disgrace!