Court orders government to pay €1.2 million after 57-year battle for compensation

In a landmark decision handed down on 17 October 2024, the Civil Court presided over by Judge Toni Abela ruled that the Maltese government must pay €1,242,817.36 to the heirs of Paul Cachia for land expropriated on the 13 February 1969.

The ruling is the culmination of a legal struggle initiated by the Cachia family, who have long sought justice over the uncompensated seizure of their property in Kalafrana and Bengħajsa, both found in the limits of Birżebbuġia. 

The land, which spans multiple plots, was originally taken in 1969 for public use for a project tied to the Freeport. However, despite its expropriation, the government did not use the land for any public purpose which prompted a decades-long legal fight. 

The case first reached the European Court of Human Rights (ECHR), which ruled in 2019 that the Cachia family’s rights under Article 1 of Protocol 1 of the European Convention on Human Rights had been violated. Despite this ruling, no compensation was awarded at that time.

The ECHR left the door open for the family to pursue their claims within Malta's domestic courts. 

In his ruling, Judge Abela criticised the prolonged nature of the dispute, stating that the family had been denied use of their property for nearly six decades. The government had argued that the land was needed as a "buffer zone" and for potential future development, but these claims were deemed speculative and insufficient to justify the delay. 

Judge Abela ruled that the government must now pay the family €500,000, reflecting the current market value of the land, rather than its value at the time of expropriation. In addition to this sum, the family was also entitled to interest on specific amounts calculated over the years, further raising the total sum owed by the government.  

Thus, the Court ordered the Government to pay a total of €671,817.36 in interest calculated based on the updated amounts and periods of the expropriated land. Additionally, the Court awarded an additional €71,000 for the family’s loss of enjoyment and use of the land during the 57-year period, totalling a sum of €1,242,817.36 payable to the family.

Lawyers Jose Herrera, David Camilleri and Mario De Marco assisted the plaintiffs