Government loses bid to expropriate property close to Manoel Theatre

A court yesterday ruled that the expropriation of property forming the annexe to the Manoel Theatre, in Valletta was null and void because the Commissioner of Lands had exceeded the powers granted to him by law.

This judgment was delivered by Mr Justice Raymond C. Pace following an application filed by Agnes Gera de Petri Testaferrata Bonici Ghaxaq, Nicholas Jensen and Irene Bache against the Lands Commissioner and the Attorney General.

The court heard that Ms Gera de Petri had earlier filed a constitutional application claiming that the expropriation of another property of hers in Old Theatre Street, Valletta (also forming part of the annexe) by title of possession and use was in violation of her right to own property. The Constitutional Court had decided in favour of Ms Gera de Petri and the government was ordered to return the property to her.

However, after the decision, the authorities had, in clear contempt of the judgment, expropriated the property again by title of public dominion. The Commissioner of Lands claimed that the properties at numbers 112 to 118 Old Theatre Street, Valletta and the properties at numbers 68 to 71 in Old Bakery Street, Valletta were required for a public purpose and that they were to be acquired by title of public dominion.

According to Ms Gera de Petri, Mr Jensen and Ms Bache, when property was required for the use of a third party, the expropriation had to be carried out by outright purchase of the property. It clearly resulted from the Constitutional Court's decision that the property was not required by the government but was for the commercial use of a third party.

They asked the court to declare that the expropriation of these properties forming the annexe to the national theatre was ultra vires the Lands Commissioner's powers at law. Mr Justice Pace said this was a case of an administrative nature and not a constitutional matter. The court was asked to examine whether the administrative action of expropriation had been carried out in terms of law. The government had pleaded that the properties in question were required by the theatre and that the property was in possession of the government as it was run by the Manoel Theatre Management Committee, which was appointed by the government to promote culture.

However, the court found that the committee was an entity that had entered into agreements with third parties to run the premises. The committee was separate and distinct from the government and its employees were not civil servants. Thus, the committee constituted a third party in terms of law. The committee had also leased the properties in issue to third parties.

Mr Justice Pace concluded by finding in favour of the applicants and by declaring that the expropriation of the properties ought to have been carried out by outright purchase. The expropriation was therefore ultra vires the Lands Commissioner's powers and was null and void.