A family that has waited 50 years for compensation for property expropriated to make way for the development of the freeport has been awarded close to €500,000 as compensation. including €5,000 for moral damages.

Six plots of agricultural land in Kalafrana and Benghajsa were expropriated in February 1969 along with another site, formerly known as ‘Villa Cachia’.

The sites were taken by the State 'for a public purpose' and all structures built there were demolished, eventually making way for the Freeport zone. But the land owners were left high and dry.

When the landowner Paul Cachia and his wife passed away, the properties devolved upon their heirs in equal shares but 50 years down the line, no compensation was ever received for the expropriation.  

The owners filed separate proceedings arguing that there was no public purpose since the freeport was a private enterprise.

They pursued their claims right up to the European Court of Human Rights which ultimately turned them down their claims on the basis that they had not exhausted all domestic remedies.

The landowners then filed constitutional proceedings claiming that their fundamental rights were breached since they were denied compensation representing the value of the lands on the open market.

Mr Justice Mark Simiana presiding over the First Hall, Civil Court in its constitutional jurisdiction, declared on Tuesday that there was an “exaggerated delay” in the applicants’ case.

The value of the land had changed in light of the inflation index.

The court pondered at length whether it was to award compensation since that matter fell within the special competence of the Land Arbitration Board as the judicial organ that was to mete out compensation to owners of expropriated properties.

However the court observed that if it were to refrain from awarding compensation it would further protract a situation which it found to breach the applicants’ fundamental rights.

The court thus proceeded to work out the relative compensation according to the Government Lands Act.

That sum totalled €432,345.43 for the breach of their fundamental right to enjoyment of property, together with a further €5000 in moral damages.

The court also ordered the Lands Authority to publish the deed of purchase within three months of final judgment.

Lawyers Jose’ Herrera, Mario DeMarco and David Camilleri assisted the applicants.