Issue link: https://maltatoday.uberflip.com/i/1471185
NEWS 9 maltatoday | SUNDAY • 19 JUNE 2022 Public interest expropriation The Court said property can only be expropriated by the State when it is "in the public interest", as well as satisfy the requirement of proportionali- ty. "As the Court has repeatedly stated, a fair balance must be struck between the demands of the general interest of the com- munity and the requirement of protecting the individual's fundamental rights, the search for such fair balance being in- herent in the whole of the Con- vention. The requisite balance will not be struck where the person concerned bears an individual and excessive burden." Expropriations by the State can be in the public interest when they have legitimate so- cial, economic reasons, even if no direct use of the land is being made. In such cases, fair compensation might not even be owed when these meas- ures are "designed to achieve greater social justice", or else warrant reimbursement of less than the full market value . To determine compensation, the Court said this must be cal- culated based on the value of the 1985 expropriation. "Any other approach could open the door to a degree of uncertain- ty or even arbitrariness," the Court said. In this case, the applicant complained that her compen- sation was calculated on the basis of the agricultural desig- nation of the land, and there- fore at a lower value than were it designated as residential. The 1985 expropriation was made at a time when there had been a demand for housing in general and where no proper planning legislation had been in place. Azzopardi in her application to the ECHR did not claim there had been no public in- terest behind the measure as such, but solely that it had not pursued a social purpose, in so far as it had not been aimed at providing housing for persons in the lower economic strata of society. However, the Court considers that the notion of public inter- est is not limited to securing housing for individuals in need of social welfare. mvella@mediatoday.com.mt "Property speculation has the effect of creating greater disparities between the rich and the poor, allowing for the centralisation of land and property in the hands of the few at the expense of the majority" European Court of Human Rights The Chief Executive Officer, Lands Authority, notifies that: Sealed tenders in respect of the following advertisements have to be deposited in the Tender Box at the Lands Authority, Auberge de Baviere, Valletta by 10.00am on Thursday, 7th July, 2022. *Advert No. 64 Lease for a period which ends on the 31st May 2028 of a site tale quale without its own airspace which is adjacent to Shop No. 1, Ta' Mliet Housing Estate, Triq id-Dawr, Mosta as shown edged in red on the plan P.D.203_80_4_A_1. This site is accessible from the same Shop No. 1 mentioned above. Tenders are to be accompanied by a Bid-Bond for the amount of €2,267 as stipulated in the tender conditions. Offers below the amount of seven hundred and fifty-five Euros and fifty cents (€755.50) per annum will not be considered. This tender may be subject to the right known as the right of first refusal as per article No. 32 of Chapter No. 573 of the Laws of Malta. A fee of €50 will be charged for the tender document. *Advert No. 65 Sale tale quale of a garage without its own airspace at No. 16, Triq San Dwardu, Fuq Tal-Hawli, Birgu as shown edged in red and marked Garage No. 16 on the plan P.D.78_80_20. Tenders are to be accompanied by a Bid-Bond for an amount of €2,130 as stipulated in the tender conditions. Offers below the amount of twenty-one thousand and three hundred Euros (€21,300) will not be considered. This tender may be subject to the right known as the right of first refusal as per article No. 32 of Chapter No. 573 of the Laws of Malta. A fee of €50 will be charged for the tender document. *Advert No. 66 Grant on a perpetual revisable emphyteusis of the premises tale quale at No. 86, Triq il-Wied tal-Imsida, Msida, as shown edged in red on the plan P.D.2022_0105. This property is being offered in its present state including any latent defects. The winning bidder has the chance to redeem this emphyteusis within the first fifteen (15) years as explained in detail in the emphyteusis conditions. Tenders are to be accompanied by a Bid-Bond for an amount of €6,309 as stipulated in the tender conditions. Offers below the amount of two thousand and one hundred and three Euros (€2,103) per annum will not be considered. This tender may be subject to the right known as the right of first refusal as per article No. 32 of Chapter No. 573 of the Laws of Malta. A fee of €50 will be charged for the tender document. www.landsauthority.org.mt/services/tendering Lands Authority St. Sebastian Street, Valletta ISSUE OF TENDERS *Adverts appearing for the first time. These adverts are being published as an invitation to the public to acquire tender documents online. The bidders are to refer to all the conditions of the tender document and are invited to read carefully these conditions. Tenders should be submitted only on the prescribed form, which together with the relevant conditions and other documents, may be obtained by clicking on 'Buy Tender' on the web page where this tender is available on www.landsauthority.org.mt/services/tendering . A fee of fifty Euros (€50) must be paid through the online system of the Lands Authority website by using your preferred banking card.