Heirs of expropriated land get €50,000 compensation for human rights breach

The heirs of a landowner were awarded €50,000 as compensation for a violation of human rights after a court noted that a parcel of expropriated land had not been used for a public purpose for 25 years.

The judgment was delivered by Mr Justice Gino Camilleri following a constitutional application filed by the heirs of Giovanni Farrugia against the Commissioner of Land.

The heirs told the court that they owned a portion of land at Tal-Qattus, Birkirara measuring 1,578 square metres which was expropriated by the government in 1974 under title of absolute purchase for a public purpose.

The heirs had refused the compensation of Lm5,600 on the grounds that the land was worth about Lm250,000.

No development was carried out on the land between 1974 and 2000. In December 2000, the government released to the heirs 324 square metres of the land on the ground that it was no longer required. The rest was retained by the government for a housing project.

In their constitutional application, the heirs complained of the length of time they had been deprived of the enjoyment of their property as no use had been made of it by the authorities. They further claimed that a housing project was not a public purpose because private individuals would benefit from it.

Mr Justice Camilleri declared that the expropriation for housing projects was in the public interest as the government was duty bound to provide social housing. But the lapse of time between the expropriation and the use of the land had placed a disproportionate burden on the heirs as they had been deprived of the enjoyment of their property for over 25 years when no use had been made of the land by the authorities.