Two brothers whose land was expropriated by the government without compensation were awarded €25,000 in moral damages for having their fundamental human rights breached.

John and Peter Caruana’s property in San Ġwann was taken from them in 1988.

After taking unsuccessful action to obtain payment in 2007, they filed a case against the Commissioner of Land in 2012.

Mr Justice Tonio Mallia heard that the brothers owned 2,250 square metres of land at the San Ġwann industrial estate. The land was expropriated to build a factory but the commissioner had not finalised the acquisition or paid the brothers.

They said they were told by the commissioner that payment would be made when the Land Department had the funds.

However, they pointed out that the owners of a property adjacent to theirs had received compensation.

Mr Justice Mallia noted that the Caruanas had instituted proceedings demanding payment in 2007 and this would affect the moral damages to which they were entitled.

The government was entitled to expropriate property in the public interest but it was also bound to pay compensation to the owners within a reasonable time.

In this case, the brothers had already waited 25 years.

Mr Justice Mallia said that although the government was facing claims for property expropriated many years ago it was not allocating enough funds to ensure the owners were compensated.

He ruled that the rights of the Caruana brothers had been violated. Apart from being granted moral damages they were also free to seek real damages.

The judge gave the Land Commissioner a month’s time to start the legal process to acquire the land.