Construction magnate Anġlu Xuereb has been awarded nearly €311,000 in compensation over the abusive revocation of a permit issued three decades ago.

The redress was given after a court declared that the revocation of the permit issued by the Planning and Permitting Board (PAPB), subsequently replaced by the Planning Authority, was illegal, abusive and breached Mr Xuereb’s rights.

The legal wrangle, which has been pending since 1989, was over the development of a portion of land in High Street, Sliema, and was for part of the complex known as Falcon House.

The court, presided over by Madam Justice Jacqueline Pado-vani Grima, heard that a permit had been formally issued on November 16, 1988, after Mr Xuereb was granted permission to develop the site.

At the end of the month, Mr Xuereb received a letter stating the permit was being revoked and another issued instead.

The new permit had extensive parts of the original project plan removed, without any reason being given.

Mr Xuereb protested emphatically, and when works continued, he was slapped with an enforcement order in July 1989

In a first judgment, the court, presided over by another judge, threw out all the pleas put forward by the defendants, who included the then infrastructure minister, the Works Department and the PAPB.

This partial judgment was appealed but confirmed on appeal, with the court sending the case file back to the original judge to rule on the compensation due to Mr Xuereb.

Madam Justice Padovani Grima evaluated a number of reports the architects appointed by the parties to the case had compiled. They calculated the foregone profit Mr Xuereb was due as compensation, owing to the fact he had not been allowed to build on that portion of land.

Different experts all came up with different figures, ranging from €300,000 to more than €968,000.

The court said it had based its calculation on property values in 1992 – when the project was meant to have been completed. From that amount, it reduced the value of the work the development would have cost and arrived at the figure of €310,848.93.

The Sunday Times of Malta is informed that the Attorney General appealed the judgment on behalf of the Infrastructure and Transport Ministries, as well as the Planning Authority.

Mr Xuereb also appealed the decision, as he expected more in compensation. The appeals are still pending.

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