Issue link: https://maltatoday.uberflip.com/i/1490638
12 NEWS maltatoday | SUNDAY • 22 JANUARY 2023 COURT NOTICE The Registrar, Civil Courts and Tribunals notifies that the First Hall of the Civil Court ordered the sale by Judicial Auction of the following property to be held in room numbered 78, nearby the Courts Archives, Level -1, Courts of Justice, Republic Street, Valletta. Date Time Judicial Sale No Property 02 nd February, 2023 10.30am 64/14 – EGL Bank of Valletta p.l.c (C 2833) Vs Amity Development Ltd (C 37831) i) Maisonette on ground floor level in a semi-finished state accessible by common drive in which drive in can also be used from the 3 car garage, with all its rights and appurtenances resulting from its relative position including possibility but not limited servitudes of overlying windows and balconies and terraces, rainwater, including drains and drainage pipes and any other rights and servitudes from its position valued at €255,000. ii) 3 car garage on the ground floor level accessible by common drive which also provides to a ground floor level maisonette with all its rights and appurtances and servitudes resulting from its position valued at €45,000, iii) 12 car garage in semi basement level accessible by common drive which abuts in Triq Notabile, Attard with all its rights and appurtances and servitudes resulting from its position valued at €99,400; iv) One car garage in semi basement level accessible by common drive which abuts in Triq Notabile, Attard with all its rights and appurtances and servitudes resulting from its position valued at €17,500; The said maisonette and garages are built on a portion of land which previously was built the house name 'Rustica' in Notabile Road, Attard, which portion of land is bounded on Southeast by the said street, West by property of Joseph and Carmen Mifsud, North by property of Alfred Grech or his successors in title, free and unencumbered with all its rights and appurtenances. v) 1 bedroom penthouse built on a block of 4 apartments which block is officially numbered 17 named 'Mdina View Court' in Triq il-Larinġ, Attard. The said block is built on plot number 20 from the land of tal-Bajdun, Attard and including with the penthouse its relative airspace as well pro rata share from the common parts including the system of drains and drainage, free and unencumbered with all its rights and appurtenances and all the servitudes resulting from its relative position sia active and passive and One Car garage, unnamed and unnumbered, but privately numbered 5 underlying flat number 4 situated in a basement of 8 garages accessible including its share of the ramp and the common parts accessible from a common ramp, which entrance is unnumbered and abuts in Triq il- Larinġ, Attard. The said garage is the second garage on the right when entering the basement from the drive in and has a backyard with a window in it; the backyard has all the drains for the rainwater. The garage is free and unencumbered with all its rights and appurtenances. This garage is bounded by all compass points with the estate of spouses Briffa or their successors. The penthouse and garage are valued at €131,000. vi) Garage in shell form, unnumbered officially and name of 'Mariella', previously known as 'Salvu Garge, in Triq Luigi Rosato, known as Triq situated on the backside of this garage. The flat number 2 and the basement garage are interconnected by means of an iron and wood stairs which is situated in the shaft in the backyard of the property, forming part of a block of building without number, named "Windsor House", in Triq il-Lacci, Bugibba, limits of Saint Paul's Bay, bounding the said block South with Triq il-Lacci, West with property of family Vella or their successors in title, and East with property of Notary Anthony Gatt or his successors in title. The flat number 2 and the basement garage are subject to perpetual and annual ground rent and sub ground rent of €31.54 payable yearly in advance with effect from 16.11.2000, which ground rent and sub ground rent are revisable every fifty years with effect from the 16.11.1960, which revision should be on the basis of the money value of the said future dates, when compared to the value of the year 1960 without taking into consideration the value of the building already existing, and this as resulting from the contract of the pharmacist John Gatt and of Notary Anthony Gatt, both in the acts of Notary Doctor Paul Pullicino, one dated 02.08.1965 and the other dated 25.02.1966 and in the original emphyteutical concession in acts of Notary Doctor Antonio Carbonaro dated 16.11.1960, with all its rights and appurtenances, and valued at €420,000. 28 th February, 2023 10.30am 32/21 – EM Bank of Valletta p.l.c (C 2833) Vs Sciberras Owen (ID 161275M) et The maisonette in semi basement level, marked number 24, Nush Diom, in Autumn Leaf Court B, in Triq San Injazju ta' Loyola, previously known as new street in Triq il- Gizwiti, Naxxar, with an area (including the front garden, the internal yard and the back yard) of circa 175sqm, overlying the level of garages of third parties at basement level and underlying third party apartments, as subject to the annual, perpetual and non revisable groundrent of €90 payable yearly in advance, otherwise free and unencumbered, and which enjoys in common with the other properties of the block the drainage system and the rain water drains, subject to the right of access in favour of the other tenements in the block in reasonable hours and after a prior sufficient notice to the owner for maintenance and repair purposes of services passing from the shaft or the balconies, the water tank and common television aerial/satellite reception dish, subject to and enjoys all the servitudes resulting from its position in the block and the original grantors or their successors in title remain enjoying the right to pass new services from the common areas of the block, as well as from the internal shaft and/or the terraces/balconies of the maisonette if the need be, excluding the maisonette airspace and subterrain and the land on which the block is built as the maisonette airspace as well as the overlying airspace of the block is being held by the grantor society or its successors in title, together with its sub terrain and the land on which the block is built which also remain property of the grantor society and is bounded from North West with the said street, South East and North with other property of Camland Limited society or their successors in title or more accurate boundaries, as subect to and enjoys from all the conditions indicated in the contract dated 28.10.2009 in the acts of Notary Doctor Reuben Debono and is valued at €330,000. 28 th February, 2023 11.00am 40/21 – EM Farrugia Carmelo (ID 371967M) Vs Richard Debora (ID 397576M) A) The usufruct right of the tenement number 10, in Triq San Lazzru, Cospicua, which includes a yard with third party windows that take light from the same yard on each floor, with third party services passing from the same yard. Including as well a spiral staircase which is the only access to the roof. The roof area including its airspace forming part of this property, is the one overlying the front rooms, with a washroom on it, free and unencumbered, Authority while the other office is being used by a religious centre, Level +01 consisting of an office presently used by the Ministry for the Economy, Investment and Small Business (MEIB), Level +02 consisting of an office presently used by the Environment Resources Authority (ERA), Level+03 consisting of an office presently used by the Ministry for Home Affairs and National Security (MHAS), Level +04 consisting of airspace, part of which is roofed and where one finds number of services that serve the complex, and the overlying airspace, bounded west by said service road, east by another unnamed road abutting on Troubridge Street, and north by property of V.V.M. Limited or its successors in title and south by property of Joseph Bezzina and Company Limited, with all its rights and appurtenances and valued at €8,939,681.50. 23 rd February, 2023 11.00am 29/21 – AZ HSBC Bank Malta p.l.c. (C 3177) Vs Borg Eman (ID 252980M) The tenement number 30 named Massabielle previously named Mount Tabor, in Pjazza Kappillan Muscat, Hamrun, partially overlying third party property, free and unencumbered with all its rights and appurtenances, as better described in the acts of Notary Anthony Spiteri Debono dated 20.02.2006 by which the property was acquired through a donation from Josephine Theuma and valued at €295,000. 23 rd February, 2023 11.30am 50/21- AZ Pisani Vivienne (ID 1006048M) et Vs Testa Alfred (ID 106154M) et The flat internally marked number 2 underlying flat marked number 4 and overlying the basement garage and a small store room and the basement underlying garage, without number and without name, together with the ramp in front of the said garage and a small store room. Accessible from the same garage there's also a small store room which has a wide window that abuts onto the ramp as well as a bathroom overlooking the shaft which is common with flat number 2 and the overlying tenement. This shaft is accessible from the basement garage and has the services of the overlying flat number 2, with the apertures of flat number 2 overlooking the yard which is valued at €21,000. Further details can be obtained from the website: https://ecourts.gov.mt/onlineservices/JudicialSales The bidders taking part in the auction must present their identity card Gaetana Aquilina For the Registrar of Civil Courts and Tribunals COURT NOTICE The Registrar, Civil Courts and Tribunals notifies that the First Hall of the Civil Court ordered the sale by Judicial Auction of the following property to be held in room numbered 78, nearby the Courts Archives, Level -1, Courts of Justice, Republic Street, Valletta. Date Time Judicial Sale No Property 02 nd February, 2023 10.30am 64/14 – EGL Bank of Valletta p.l.c (C 2833) Vs Amity Development Ltd (C 37831) i) Maisonette on ground floor level in a semi-finished state accessible by common drive in which drive in can also be used from the 3 car garage, with all its rights and appurtenances resulting from its relative position including possibility but not limited servitudes of overlying windows and balconies and terraces, rainwater, including drains and drainage pipes and any other rights and servitudes from its position valued at €255,000. ii) 3 car garage on the ground floor level accessible by common drive which also provides to a ground floor level maisonette with all its rights and appurtances and servitudes resulting from its position valued at €45,000, iii) 12 car garage in semi basement level accessible by common drive which abuts in Triq Notabile, Attard with all its rights and appurtances and servitudes resulting from its position valued at €99,400; iv) One car garage in semi basement level accessible by common drive which abuts in Triq Notabile, Attard with all its rights and appurtances and servitudes resulting from its position valued at €17,500; The said maisonette and garages are built on a portion of land which previously was built the house name 'Rustica' in Notabile Road, Attard, which portion of land is bounded on Southeast by the said street, West by property of Joseph and Carmen Mifsud, North by property of Alfred Grech or his successors in title, free and unencumbered with all its rights and appurtenances. v) 1 bedroom penthouse built on a block of 4 apartments which block is officially numbered 17 named 'Mdina View Court' in Triq il-Larinġ, Attard. The said block is built on plot number 20 from the block South with Triq il-Lacci, West with property of family Vella or their successors in title, and East with property of Notary Anthony Gatt or his successors in title. The flat number 2 and the basement garage are subject to perpetual and annual ground rent and sub ground rent of €31.54 payable yearly in advance with effect from 16.11.2000, which ground rent and sub ground rent are revisable every fifty years with effect from the 16.11.1960, which revision should be on the basis of the money value of the said future dates, when compared to the value of the year 1960 without taking into consideration the value of the building already existing, and this as resulting from the contract of the pharmacist John Gatt and of Notary Anthony Gatt, both in the acts of Notary Doctor Paul Pullicino, one dated 02.08.1965 and the other dated 25.02.1966 and in the original emphyteutical concession in acts of Notary Doctor Antonio Carbonaro dated 16.11.1960, with all its rights and appurtenances, and valued at €420,000. 28 th February, 2023 10.30am 32/21 – EM Bank of Valletta p.l.c (C 2833) Vs Sciberras Owen (ID 161275M) et The maisonette in semi basement level, marked number 24, Nush Diom, in Autumn Leaf Court B, in Triq San Injazju ta' Loyola, previously known as new street in Triq il- Gizwiti, Naxxar, with an area (including the front garden, the internal yard and the back yard) of circa 175sqm, overlying the level of garages of third parties at basement level and underlying third party apartments, as subject to the annual, perpetual and non revisable groundrent of €90 payable yearly in advance, otherwise free and unencumbered, and which enjoys in common with the other properties of the block the drainage system and the rain water drains, subject to the right of access in favour of the other tenements in the block in reasonable hours and after a prior sufficient notice to the owner for maintenance and repair purposes of services passing from the shaft or the balconies, the water tank and common television aerial/satellite reception dish, subject to and enjoys all the servitudes resulting from its position in the block and the original grantors or their successors in title remain enjoying the right to pass new services from the common areas of the block, as well as from the internal shaft and/or the terraces/balconies of the maisonette if the need be, excluding the maisonette airspace and subterrain and the land on which the block is built as the maisonette airspace as well as the overlying airspace of the block is being held by the grantor society or its successors in title, together with its sub terrain and the land on which the block is built which also remain property of the grantor society and is bounded from North West with the said street, South East and North with other property of Camland Limited society or their successors in title or more accurate boundaries, as subect to and enjoys from all the conditions indicated in the contract dated 28.10.2009 in the acts of Notary Doctor Reuben Debono and is valued at €330,000. 28 th February, 2023 11.00am 40/21 – EM Farrugia Carmelo (ID 371967M) Vs Richard Debora (ID 397576M) A) The usufruct right of the tenement number 10, in Triq San Lazzru, Cospicua, which includes a yard with third party windows that take light from the same yard on each floor, with third party services passing from the same yard. Including as well a spiral staircase which is the only access to the roof. The roof area including its airspace forming part of this property, is the one overlying the front rooms, with a washroom on it, free and unencumbered, with all its rights and appurtenances, and is valued at €24,000. B) The usufruct right of an overlying maisonette with number 28, Triq Matty Grima, Bormla, with its airspace, free and unencumbered, with all its rights and appurtenances, and is valued at €18,000. C) The usufruct right of the garage named Sant Anglu, number 3, in Triq il- Kappuccini, Zabbar, underlying the property of Charles Schembri, which garage has a back yard and a front garden, bounded North East with the said street, South East with property of Lay Lay Company Limited successors and North West with property of Carmelo Balzan, built on the divided portion of land forming part of the land known as "Ta' Santa Domenica", Haz Zabbar, exempt from the obligation to pay any pious burden annually and perpetually burdening the whole territory, free and unencumbered with all its rights and appurtenances, and is subject to the servitudes of drains in favour of the overlying tenements, with right of access for them in case of maintenance and/or damage repairs, as it is and with vacant possession and is valued at €26,000. D) The usufruct right of the tenement number 13 previously 20, in Sqaq il-Mirakli, Haz Zabbar, free and unencumbered with its free airspace and with all its rights and appurtenances and is valued at €21,000. Further details can be obtained from the website: https://ecourts.gov.mt/onlineservices/JudicialSales The bidders taking part in the auction must present their identity card Gaetana Aquilina For the Registrar of Civil Courts and Tribunals valued at €21,000. Further details can be obtained from the website: https://ecourts.gov.mt/onlineservices/JudicialSales The bidders taking part in the auction must present their identity card Gaetana Aquilina For the Registrar of Civil Courts and Tribunals JAMES DEBONO THE Planning Authority has approved a five-storey devel- opment in Triq Santa Katerina next to Zurrieq's Urban Con- servation Area, a stone's throw from the parish church of St. Catherine and the locality's pri- mary school. The area is mostly characterised by two-storey tra- ditional townhouses. The permit was issued on the basis of photomontages show- ing a presently inexistent floor on a nearby heritage building. The approved development will have a height of almost 16m but just 3.6 metres wide, a clear example of a pencil devel- opment. The block will tower over a building of architectural and cultural heritage value within the UCA, as described in rep- resentations by the Superin- tendence of Cultural Heritage and the Zurrieq local council, both of which were brushed aside by the PA. The Superintendence warned that the proposal will result in blank party walls on the UCA that cannot be mitigate. But the PA's case officer, reccommend- ing approval, rebutted this ar- gument by referring to ħ photo- montages showing the impact of "potential development" in the area, on the UCA boundary. The renders depict a pres- ently inexistent third floor on a heritage building adjacent to the proposed development. In fact, the photomontages refer to "potential development of adjacent site", and not the ex- isting situation. But it is unclear under which policy the PA can allow a full extra floor on a her- itage building in the UCA. The renders ignore the slope of the road and depict a wash- room on an adjacent residence that is considerably larger than the one recently constructed. Objectors insist that various applicable policies of the De- velopment Design Control Pol- icy (DC15) aimed at creating a transition between historic village cores and surrounding development have been disre- garded. But the case officer said the DC15's Annex 2 translate the three-storey height limitation into a 16.3m height, later re- duced to 15.5m under the ap- proved plans. While acknowl- edging that the guidelines require a transition for build- ings directly adjacent to the UCA, the case officer referred to another property located between the two buildings, saying this meant there was no requirement for a transition; and that the owners in question had a "vested right" to build ac- cording to the maximum height permitted by the local plan. The permit was issued to Pierre Darmanin in December 2022. A comparison between a photomontage presented by developer based on 'potential development in the area' Zurrieq: pencil development next to historic centre