Juan Ameen
Roadworks killed my business, Żurrieq tyre repairer claims
The owner of a tyre repair workshop filed a judicial protest against Transport Minister Austin Gatt claiming that ongoing roadworks in Żurrieq disrupted his business.
Jesmond Belli, the owner of JB Tyre Service, is demanding compensation, accusing the government of removing his family's sole source of income by closing off Valletta Road, in Żurrieq indefinitely.
The protest was filed in the First Hall of the Civil Court against Dr Gatt and Transport Malta chairman Mark Portelli.
In January, Transport Malta started rebuilding Valletta Road, which had been described by Dr Gatt as "one of Malta's worst roads". The €4.4 million project is expected to be ready by August.
Mr Belli said the works had caused his business to slow down in January because access was restricted. When the road was closed off completely in March he could not run his garage in any way because his clients could not drive into the premises for repairs.
Thus, Mr Belli called on the court to hold the authorities responsible for the damages he sustained and would incur.
The authorities' action was illegal and abusive and breached his fundamental civil rights, he insisted.
Lawyers Pawlu Lia and Phyllis Aquilina signed the protest.
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Michael Neville Cassar
Apr 8th 2010, 19:54
It is not right that anyone just because in power to close a road completely same as it is not right to disturb a business of some one else so that he/she can carry out works.
Alex Caffari
Apr 8th 2010, 12:48
Going on the assumption that Mr. Belli knew full well that the road had to be rebuilt and that he knew in advance that it would have to be closed in order for the works to be completed, he had an opportunity and responsibility to mitigate the damages he is now suffering, however he failed to do so.
On that basis, proving his case is going to be quite a challenge for him and his lawyers. At best, he may be compensated for what it would have cost him to temporarily relocate his business to an accessible venue but I do not see any legal basis for compensation of lost business. Had he actually temporarily relocated his business, he certainly would have had a case for compensation of the relocation costs plus reasonable compensation for any provable loss of business he may have suffered as a result of the relocation.
Now if he can prove that he was never notified of the road works and had no knowledge of the plans to conduct them, he may have a case. However, I do not believe this to be the situation.
R. Azzopardi
Apr 8th 2010, 11:26
I sympathise with Mr. Belli but one must really understand that certain works need to go ahead. This reminds me of Psaila Street B'kara. Works there went on for 7 months or so. A popular bar / take-away's business was seriously hampered. However, when things got back to normal, business boomed immediately.
Karl Abela
Apr 8th 2010, 10:44
Ara vera ma tista tikkuntenta lil hadd f'dan il-pajjiz ta.
He knew well ahead about the plans for that road. He should have set up temporarily somewhere down the road.
Raymond Cutajar
Apr 8th 2010, 09:45
Hello guy you have all my sympathy which unfortunately it is not what you really need but as they say at least moral backing
Hope you won't be handed down by some nitwhitted and always getting his / her civil service wage come what may by " You should have done your homework properly - you should have known that the road would One day needs doing "
really similar was told to me !