Update 2: Construction on public land at Little Armier illegal, court rules, PM reacts

(Adds PM's, AD's reactions)

Construction on publicly-owned land at Little Armier is illegal and caravan occupants have no legal title to the land, a court has ruled.

In an application, Armier Developments Ltd and a number of caravan occupants requested the court to declare that they were legally entitled to make use of their constructions at Armier in virtue of an agreement entered into with the government in 2003.

They further requested a declaration that the eviction order issued against them by the Commissioner of Lands was  not enforceable.

The court heard that this case was filed after the Commissioner of Lands commenced eviction proceedings.

A number of caravans had been erected at Little Armier on public land only a few metres away from the sea.

These structures had been in place for many years and the land had been occupied without authorisation. None of the occupants paid any compensation to the government for the land.

The caravans were provided with water and electricity services by Enemalta.

Mr Justice Anthony Ellul pointed out that in April 2003 the then Minister for Home Affairs had informed Armier Developments Ltd by means of a letter that the government was ready to accept the construction of a number of units in the area subject to a number of conditions.

These included the condition that the land, which was to be granted on temporary emphyteusis for 65 years, was not to be of an agricultural nature.

The annual ground rent was to be Lm157,000 and the company had to build a minimum of 500 units which were to be reserved for persons who did not occupy a caravan or boathouse in the area.

The leader of the Opposition had confirmed, in 2007, that the agreement reached between plaintiffs and the Labour Party about the boat houses would be honoured, while in 2008 the Prime Minister confirmed that the April 2003 agreement was binding on the government.

The government added that those 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 were built on public land which was in the public domain. The foreshore, said the court, could not be subjected to private rights.

The court added that the letter sent by the government in April 2003 could not be deemed a binding contract for the parties were conducting negotiations.

The letter was explaining what the government was proposing. It was inconceivable, the court said, that that letter could be construed as a binding contract allowing persons who had illegally occupied public land to continue occupying it.

Neither was the confirmation issued in 2008 a binding contract between the parties, for no one was entitled to occupy public land without a legal title.

Referring to the fact that the caravans had been provided with water and electricity services the court said that the law of the land was clear.

Transfers of public land had to be carried out in terms of law.

In fact, the law provided for transfers of land on the shore for the building of a caravan, but such transfers could only be by title of rent for not more than 10 years.

The court added that the fact that Enemalta had provided the caravans with services gave rise to many questions.

PM TO SEEK ADVICE ON RULING

Prime Minister Joseph Muscat said he would wait for advice on this morning's ruling before taking any action.

Questioned about the court's decision in Brussels, Dr Muscat said he had not yet read the judgment and pointed out that it could still be appealed.

"I don't think I can say anything more than that at this stage," he said.

AD WELCOMES RULING

Alternattiva Demokratika welcomed the judgement and noted that in past years it campaigned actively for the demolition of the Armier shanty town. The issue even formed part of AD’s electoral manifesto for the last elections.

Deputy chairman Carmel Cacopardo said that land next to the sea should be accessible to all and not just a select few.

"As the Minister responsible for the Lands Department, Joseph Muscat should call in the demolition people next Monday," Mr Cacopardo said.