Issue link: https://maltatoday.uberflip.com/i/1478015
maltatoday | SUNDAY • 4 SEPTEMBER 2022 15 LAW CLASSIFIEDS ALTHOUGH individuals may have property adjacent to gov- ernment land, they do not have a right to insist that the land is issued on tender and trans- ferred to them. This was held by the Administrative Review Tribunal on 22 August 2022 in Charles Fenech and Edmea Fenech -v- Awtorita tal-Artijiet. The Tribunal was presided by Magistrate Charmaine Galea. The Fenech's filed an appeal wherein they explained that they applied in October 2021 to purchase a plot of land in Mar- sascala from the lands Authori- ty. The Appellant's wanted the Authority to issue a tender in terms of Articles 31(a) and (b) of the Government Lands Act (Chapter 573 of the Law of Mal- ta), since they own the adjacent land. In February 2022, the Au- thority wrote to the Appellants, Fenech, that "since the request- ed site falls within a larger ten- ement which is mostly within building development zone. The Lands Authority cannot therefore accede to the piece- meal sale of part of this tene- ment since this would negative- ly impact on the entire value of the whole site. This would also prejudice the Lands Authority ability to propose a re-planning scheme for the entire site." The fact that the lands fall within a development zone should not prejudice the appli- cation, especially because the land was already divided into plots and there is no indication that the Authority was going to sell the whole land in one go. The plot in question in on the border to the land and there- fore, it would not affect the de- velopment of other plots. The appellants explained that from what the Authority explained then there is no concrete plan of what the government wants to do with the land. They were of the opinion that the Authority was wrong to refuse the appli- cation on these grounds. The Lands Authority pointed out that the Planning Authori- ty did not approve that the land be divided in plots and the ap- plication was shelved. The fact that in 2010 the government intended to split the land into plots, it does not mean that the intention remained the same today. The Authority continued to argue that even if the land had to be divided into plots it does not mean that the Fenechs had a right to acquire the plot in question. They do not have the adjacent land. The Lands Authority has not decided to is- sue tenders on this land and it is not correct to assume that the issues will be issued. The Au- thority has a duty to administer public land for the best use pos- sible in terms of Article 7 of the Lands Authority Act,. The Tribunal analysed the ev- idence produced, where a man- ager of the Authority explained that the Disposals Committee of the Authority had discussed how best to make use of the site in question. The decision was not to adopt the decision tak- en in 2010 and the plans were shelved. Fenech explained to the Tri- bunal that they own a property which is next to the plot they applied for. The 2006 South Malta local plan earmarked the site as a residential priority ar- ea or will area. They further explained that if the plot they are interested in is issued on tender, this would not prejudice the Authority's future plans. Fenech's architect testified that the Joint Office had already di- vided the property in plots. The Tribunal held in its con- siderations that the fact that the Fenech's own property adjacent to the plot in question does not give them a right over the plot. Neither may they expect that the property is to be issued on tender. Also, even if the plot in question has no direct access to a public road, it is adjacent to other government proper- ty, which has access to a public road. The Tribunal pointed out that the Authority is bound to ad- minister government land dili- gently and it decides when it is the right time to sell the land. Even the plot in question is on the border of the site, it would be a waste to prejudice the rest of the site if it had to sell it off. It seems that there was a similar request on a different plot, and the Authority had rejected the request. Therefore, the Author- ity is being consistent with its position on this land. The Tribunal then moved to reject the appeal. Indiv iduals cannot force wgovernment to issue propert y on tender LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 PROPERT Y TO LET XLENDI - catering premises in prime site to let. Can be used for other com- mercial purposes. 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Applicants must have minimum of two / three years' experience. Fluently speaking English and other languages. Hourly rate from Eur4.62 / Eur5.50. Interested applicants may send email to secretary@a-plus- plus.eu CLASSIFIEDS INFO @MEDIATODAY.COM.MT