Man denied compensation

The First Hall of the Civil Court yesterday rejected a plea for compensation by a man who said he installed a number of electricity poles at his expense only for a utility to make use of them subsequently.

The judgment was delivered by Mr Justice Lino Farrugia Sacco in a writ filed by Charles Barbara against Telemalta, the forerunner of Maltacom.

Barbara claimed he had incurred expenses to install 14 electricity poles to provide electrical current for his home at Wied Iz-Zurrieq. Subsequently, Telemalta had utilised part of these poles to pass telephone lines.

Barbara claimed he was entitled to compensation and he requested the court to condemn Telemalta to pay him the compensation liquidated by the court.

However the corporation pleaded that no compensation was due to Barbara at law.

In its judgment the court noted that in terms of the Electricity Supply Regulations, Enemalta Corporation was obliged to provide electrical supply at its own expense when the distance from the meter to the nearest suitable low tension main did not exceed 50 feet in the case of an underground main and 100 feet in the case of an aerial main.

Barbara's requirements involved distances of over 50 and 100 feet and he had therefore to pay for the service mains laid by Enemalta.

The regulations also provided that the mains would become the property of Enemalta and the consumer was not entitled to any refund in the event that the corporation supplied other consumers.

It was therefore clear that Barbara had no right to compensation from Enemalta or from Telemalta for the use of the electricity poles, as these had become the property of Enemalta.