Issue link: https://maltatoday.uberflip.com/i/1493590
6 maltatoday | SUNDAY • 26 FEBRUARY 2023 NEWS 81 By means of a decree of the 28th December, 2022, by the Rural Leases Control Board, in the records of the Warrant of Eviction number 148/2022 in the names (Applicant) Rosalie Mifsud et vs (respondent) Carmelo Pace Gasan et the following publication was ordered for the purpose of effect- ing service on the respondents Mary Abela, Paul Abela, Cristinu Abela and Joseph Vella in terms of Article 187(3) of the Code of Organisation and Civil Procedure (Cap.12). By means of an application in the Rural Leases Control Board, in the names (applicants) Rosalie Mifsud (ID 518235M), Marie Mifsud (ID 599436M), Elise wife of Major Peter Paul Formosa Gauci and Joseph Formosa Gauci (ID 68368M) vs (respondents) Carmelo Pace Gasan, Mary Abela (ID 570953M) and Paul Abela (ID 528484M) as heirs of Joseph Mary Abela (ID 211750M) who inherited the late Nicola Abela, and also Cristinu Abela (ID 471739M) and Joseph Vella (ID 612155M) nominated deputy curator by means of a decree of the Rural Leases Control Board of the 4th May 1982 to represent the vacant inheritance of Caterina Vella, filed on the 1st February, 2022, the applicants Rosalie Mifsud (ID 518235M) et requested this Honourable Board: To order the issue of a Warrant of Eviction against the respondents (from the under mentioned premises) in execution of the under mentioned judgement and this since the respondents failed to do this till this day. Premises: The field with a farmhouse of measurement of about 17 tumoli, 4 sigħan and 8 kejliet bounded from the East with Triq ir-Rabat, Ħad-Ding- li and from the other boundaries with property of the applicants' fami- ly forming part of the fields known as Ta' Falzon, Ħad-Dingli (the land is marked on the attached document with an X). Judgement: a judgment of the Rural Leases Control Board of the 14th June, 1991, in the names Rosalie Mifsud et vs Carmelo Pace Gasan et (Applica- tion number 3/1982GC) confirmed in the Court of Appeal by means of a judgement of the 28th February, 1994, and its execution was ordered by a judgment of the Rural Leases Control Board of the 13th March, 2019 (Ap- plication number 9/2018FDP). Today 1st February, 2022, Filed by Dr Alessandro Lia and PL Veronica Rossignaud Warrant of Eviction, Republic of Malta, Court Warrant To the Court Marshall Given by the Rural Leases Control Board, above mentioned, with the wit- ness of the Hon. Magistrate Simone Grech, BA, LLD, Mag. Jur. (Eur. Law), Doctor of Laws. Today 11th February, 2022 applicant: c/o 236, Flat 7, Triq it-Torri, Tas-Sliema Notification: Carmelo Pace Gasan. Mary Abela u Paul Abela, Tal-Falzun Farmhouse, Triq ir-Rabat, Ħad-Dingli, Cristinu Abela, 43, Triq Santa Rosa, Rabat, Malta Joseph Vella, 9, Liljan, Flat 1, Triq is-Santwarju, Mellieħa Registry of the Superior Courts, today 6th January, 2023 Alexandra Debattista For the Registrar, Civil Courts and Tribunals JAMES DEBONO LANDS Minister Silvio Schembri remained mum on the decision to sell off undeveloped public land in Mellieħa, which contrasts with government's aim to create urban green spaces. Questions sent to the ministry were referred to the Lands Au- thority that has issued the tender but no reply was forthcoming from either. Meanwhile, Environment Min- ister Miriam Dalli stopped short of saying whether the tender should be withdrawn given it con- flicts with her ministry's priority to increase urban green spaces. The government has received three bids for the tract of land in the Tal-Qortin area, which meas- ures 5,000sq.m and is subject to a right of first refusal, which pre- sumably applies to GAP and Bal- lut Blocks that jointly own a small plot of land in the middle of the public area. The area was already part of the development zone since 1988 and was zoned for residential de- velopment in the local plan in 2006. Government's starting price according to the tender was of €279,620. One of the three bidders for the land is T&S Property Holdings, a joint venture whose directors are GAP Limited's Paul Attard and Ballut Block's Paul Vella. The company submitted the lowest bid at €279,000. The other bidders are North De- lux Limited whose directors are Antoine Abela and Mark George Schembri which, submitted a bid of €380,000 and a joint venture between the Vassallo Group and Attard Developments Limited, which submitted a bid of €315,000. The Environment Minister told MaltaToday that the tender does not exonerate developers from the need to obtain environmental and planning permits. But Dalli did not pronounce her- self on whether the tender should be withdrawn in view of the pres- ence of protected shrubs and the evident contrast with govern- ment's commitment to invest in more open spaces, even by buying or renting land from the private sector. "The tender relative to this site, which includes within it a portion of land that is privately owned and which was included within the de- velopment zone decades ago, was issued by the Lands Authority," a spokesperson for the minister re- plied. Asked whether the Environment and Resources Authority was even consulted before the tender was issued, the ministry pointed out that "the fact that a tender has been issued does not in any man- ner exonerate an eventually-pre- ferred bidder from obtaining the necessary environmental and de- velopment clearances and permits which are required by law". When asked whether the tender issued by the Lands Authority con- trasts with the government's policy of investing €700 million in green open spaces, the ministry spokes- person replied that Project Green's remit "is to regenerate or develop green spaces, in consultation with stakeholders" and that Project Green "is already in talks with the Mellieħa local council for more open green spaces in the locality". No replies to similar questions were forthcoming from the Lands Authority and Silvio Schembri's ministry. MaltaToday raised this issue with the two ministers after a bot- anist raised the alarm on the pres- ence of endemic and indigenous shrubs found on this tract of land. Botanist Jeffrey Sciberras told MaltaToday the site hosts at least three plants found only in Mal- ta and two indigenous species, which means they were present on the islands before humans ar- rived here. Nationalist MP Ivan Castillo who flagged this issue has written to the Environment and Resourc- es Authority and the planning ombudsman to have the ten- der investigated and determine whether the area can actually be developed. A district MP, Castillo also asked for the suspension of the tender until these investigations are con- cluded. "It does not make sense to issue a tender for the disposal of this land before its ecological value is assessed by ERA," Castillo told MaltaToday, noting that the ten- der is being issued before the pres- entation of a planning application to develop the site. "It would have made more sense had the Lands Authority consulted with ERA be- fore issuing the tender." Instead, ERA will end up being consulted after a planning appli- cation is submitted by the pro- spective developer. "What will happen if ERA ob- jects to the development during the planning process? And how can the Planning Authority refuse the development after the land is already leased to a developer," he asked. Castillo is calling on the govern- ment to include this land, which falls within the development zone, in its Project Green plans. He has questioned why the gov- ernment wants to buy property from private owners to turn it into open green spaces and then choos- es to put undeveloped land that be- longs to the State up for sale. He acknowledged that a public park is being proposed on a near- by piece of land. "But why not pro- tect both sites?" The land on Triq is-Sagħtar and Triq il-Miġbha will be given on a perpetual revisable emphyteusis. The winning bidder will be able to redeem this emphyteusis within the first 15 years after a revision according to the rate of inflation as explained in the conditions. The local plans approved in 2006 designate the area in question residential development, with a height limitation of three storeys and require that 30% of the area is retained as an open space. Com- mercial development in the area is limited to 500sq.m. Lands Minister mum as government receives three bids for Mellieha green lung sale Lands Ministry ignores questions on inexplicable decision to sell off green lung in Mellieħa while Environment Ministry stops short of saying whether tender should be withdrawn