Green lobby welcomes landmark decision on illegal Armier squatters

Flimkien għal Ambjent Aħjar, Friends of the Earth, MOAM and Ramblers Association welcome the Court of Justice have welcomed a landmark decision on the Armier illegal constructions after Judge Anthony Ellul concluded that the boathouses were built illegally, that the occupants have no title to the land and ordered the Commissioner of Land to evict the occupants. 

"This comes after devious and illegal arrangements and promises made by political parties over these last twenty years, generally at election time," FAA coordinator Astrid Vella said.

"The area has been occupied illegally for at least 12 years depriving law-abiding citizens access to this public land. This is a landmark decision and one which will ensure that public land remains public. Nobody is above the law and those who ride roughshod over the law can no longer avail themselves of pre-election promises by any party, intended solely to catch votes."

The organisations said it was ironic that just when the courts ruled that these constructions are declared illegal and that the supply with water and electricity was deemed questionable, the Prime Minister said he would wait for advice the ruling before taking any action.

"Is government now going to find or create a loophole to make these squatters legal, or is it going to allow justice to take its course without fear or favour? Are we to expect government to facilitate an appeal? Will the taxpayer be asked to pay to defend this illegality?"

The NGOs said the illegal occupation of the land for so many years does not in any way give the occupants title to stay on for ever. "Rather it can be argued that they have had the enjoyment of this land for so many years at the expense of others that it is now time to give back to the people what is rightfully theirs.

"The Prime Minister expressed a wish to consult on the matter. The NGOs would like to remind the PM that before the March 2013 election, when informed of what the PN had promised the Armier squatters, Dr Muscat said he would not commit himself to any promises before he had studied the situation. 'The situation' has now been studied for him in Ellul's judgement. Only action is left."

The Armier boathouse lobby has yet to see whether it will appeal the sensational court ruling that has declared the construction of 12 boathouses built on public land in the environs of the Armier bay, illegal.

Judge Anthony Ellul declared that a written communication exchanged between the government and Armier Developments Ltd, the company representing the Armier boathouse 'squatters', was not deemed to be a binding contract, ordering the illegal constructions to be immediately evicted.

Ellul held that the caravans and illegal constructions at Armier were built on public land and very close to the foreshore. "Any transfer of public land has to be carried out in terms of law and the foreshore cannot be privatised... Transfer of land on shores for the building of caravans can only be by title of rent for less than 10 years."

The director of Armier Developments, Tarcisio Barbara, said his lobby has yet to see whether it will appeal the court judgement.

"The decision concerned 12 illegal constructions on the Armier perimeter which the former Mellieha mayor deemed that they had to be removed. The Lands Department proceeded with an eviction notice, which we first managed to stop with a prohibitory injunction, and later we filed a court case challenging the decision," Barbara said.