The controversial caravans in Little Armier bay have no legal title and the structures on publicly owned property along the shore are illegal, the civil court ruled yesterday.
The ruling by Mr Justice Anthony Ellul, sitting in the First Hall of the Civil Court, is the latest development in this long saga, which has been a political hot potato.
Reacting, Prime Minister Joseph Muscat, who was attending an EU summit in Brussels, said he would seek advice before taking any decisions.
Joseph Muscat should call in the demolition people on Monday - AD
He noted he had not yet read the judgment, adding that it could still be appealed: “I don’t think I can say any more at this stage.”
Armier Developments Ltd and a number of caravan occupants sued the Commissioner of Land and the Attorney General, requesting the court to declare they are legally entitled to make use of their structures at Armier in virtue of an agreement with the Government in 2003. They also sought a declaration that an eviction order issued against them by the Land Commissioner was unenforceable.
A number of caravans/structures had been erected on public land at Little Armier only a few metres from the sea, the court heard.
They had been there for many years, on land occupied without authorisation.
None of the occupants paid any compensation to the Government for the land.
The court noted that the caravans were provided with water and electricity.
In April 2003, the Home Affairs Minister had written to Armier Developments Ltd saying the Government was prepared to accept the construction of a number of units in the area subject to a number of conditions.
One condition was that the land, granted on a temporary emphyteusis for 65 years, was not to be of an agricultural nature.
An annual ground rent of €365,810 had to be paid and the company was required to build a minimum of 500 units that would be reserved for people who did not occupy a caravan or boathouse in the area already.
The then Opposition leader had confirmed in 2007 that an agreement between the caravan owners and the Labour Party over the boathouses would be honoured.
In 2008, the then Prime Minister confirmed that the April 2003 agreement was binding on the Government, which accepted that boathouses built before 1992 would not be demolished.
Mr Justice Ellul pointed out that the caravans in question were very close to the sea and built on public land. The foreshore, he pointed out, could not be subjected to private rights.
The letter issued by the Government in April 2003 could not be deemed a binding contract because the parties were conducting negotiations. It was, instead, an explanatory note of what the Government was proposing.
It was inconceivable, the judge insisted, that such a letter could be construed as a binding contract allowing people who had illegally occupied public land to continue occupying it.
Nor was there any confirmation in 2008 of a binding contract between the parties, he said, since no one was entitled to occupy public land without a legal title.
The court noted that the law provides for transfers of land on the shore for the construction of certain structures but such transfers could only be by title of rent for not more than 10 years.
The fact that Enemalta had provided the caravans with services gave rise to many questions, Mr Justice Ellul said.
Alternattiva Demokratika yesterday welcomed the ruling, adding it had in past years campaigned actively for the demolition of the Armier shanty town.
Deputy chairman Carmel Cacopardo said land next to the sea should be accessible to all and not just to a select few.
“As the minister responsible for the Land Department, [Prime Minister] Joseph Muscat should call in the demolition people on Monday,” Mr Cacopardo said.