The Ministry for Resources, Land and Rural Affairs yesterday filed a counter protest in court answering the "false allegations" made by the owner of the Magic Kiosk, in Sliema.

Joseph Pace, the owner of the catering establishment that has stood in St Anne Square since 1976, filed a judicial protest earlier this month claiming that he is being discriminated against because of his political beliefs.

The outlet is set to be demolished next month after its lease expired on December 19 and was not extended by the Land Department.

The Malta Environment and Planning Authority approved an application to remove the landmark kiosk along with other structures that occupy a large part of the square on the Ferries.

The land on which the kiosk stands had been leased in two parts and the ministry pointed out that one of the contracts had expired in 2004 but Mr Pace had failed to evacuate the area.

The ministry said it had informed Mr Pace in October 2006 that it had no intention of renewing the contract that expired in 2004 and in July this year Mr Pace was informed again that the second contract would expire this year.

It added that Mr Pace had no rights over the land and, therefore, had no right to be involved in any development that would take place for the public's benefit.

The suit was signed by the Deputy Attorney General Peter Grech.