Landowners awarded €25,000 in moral damages

John and Peter Caruana, of San Gwann, were awarded €25,000 in moral damages after the Constitutional Court ruled that their right had been violated when they were not compensated for land which was expropriated from them.

In 1988, the Government took 2,250 square meters of land owned by the two brothers to construct a factory. The land was adjacent to the San Gwann industrial estate.

However the Commissioner of Lands did not follow through with the acquisition of land and informed the owners that payment would be effected once the Department had the necessary funds.

Until 2012 the Caruanas were still not given any sort of payment and filed against the Commissioner. At the same time other owners were paid for land next to theirs.

Mr Justice Tonio Mallia decreed that the government had a right to take property in the public interest, but that it had the obligation to compensate the owners in a timely manner.

The Constitutional Court gave the Commissioner of Lands a month to commence procedures to legally acquire the land and awarded the owners €25,000 in moral damages. Judge Mallia also reserved the right of the two brothers to seek further damages from the government.