A family was awarded €300,000 in compensation today after a court ruled it had been deprived of the enjoyment of its property in Valletta because of provisions in the rent laws.
The constitutional application was filed by Sean, Richard and Philip Bradshaw, Maureen Crossey, Anna Abela, Caroline Falzon, Joanna Marion LeGault, Philip and Julian Bugeja, Mary Ann Mason, Alberta Camilleri, Alfred Falzon Sant Manduca, Mark, Jason, Rachel,Michael and Vivienne Cassar Desain, Christine Delia, Veronica von Brockdorff, Nathalie Savill, Andrew and Stephen Said, Francesca Salomone, Lawrence Desain Viani and Mercury plc against the Prime Minister, the Attorney General and the King's Own Band Club.
Madam Justice Anna Felice heard that the family members were co-owners of King's Own Band Club in Republic Street, Valletta, which had been leased by their predecessors to the club in the 1940s. The original rent payable by the club was £500 per annum which was later converted to Lm500.
The family argued that this rent was extremely low, especially when one took into consideration the cultural and architectural value of the property. But they were not entitled to receive more by way of rent as a result of existing rent laws.
As a result, the family members claimed that they were being deprived of the use of their property as it had effectively been expropriated for a public purpose.
They further claimed that they were being discriminated against for owners of commercial properties were entitled to increase the rent they could receive.
On their part, the Government authorities submitted that no violation of human rights had occurred and that the rent laws aimed at protecting the public interest. The club submitted that it was observing the law of the land and that it was not responsible for this legislation.
The court observed that every individual was entitled to enjoy his or her own property and that no one could be deprived of property except in the public interest.
Any interference with property had also to satisfy the requirement of proportionality so that the property owner could not be made to bear a disproportionate burden in the public interest.
Madam Justice Felice said that the architect appointed by the family had established that the premises occupied by the club had a rental value of €269,100 per annum.
The architect appointed by the government had established the rental value at €93,000 per annum.
But the court ruled that even the lower value showed that the family was bearing a disproportionate burden by only being able to receive Lm500 per annum, especially when one considered that the Club generated an income of €45,000 per annum from its bar.
The court awarded the family €300,000 in compensation to be paid half by Government and half by the club.