Issue link: https://maltatoday.uberflip.com/i/541394
maltatoday, WEDNESDAY, 15 JULY 2015 9 BUSINESS entrepreneur Emmanuel Peresso who received a full and final settlement for the expropriation of land in Bahrija had faced serious ob- jections from the Lands and Attor- ney Generals office before being sur- prisingly compensated €400,000. In an email sent in 2012, Attorney General Peter Grech said "I don't know whether it pays to continue pampering him or whether it would be better to treat him to a cool re- ception." Peresso, who had already petitioned by email the then Prime Minister Lawrence Gonzi on the expropria- tion, persistently demanded a settle- ment which the Lands Department had found prohibitive. However, it later transpired that the department caved in to Peresso's demands. At one point in his discussions with the Lands Department Per- esso even suggested that he should be paid because a business deal had gone wrong. In a previous email Peter Grech confirmed that Peresso had been writing to the Minister in rather strong terms and suggested that they should coordinate with the minister responsible for lands Jason Azzopardi on the matter. Writing on 12 April, 2012 Peter Grech even pointed out that Peres- so's lawyer Prof Ian Refalo would not accept the contract proposed by the Lands Department. Opposition MP Jason Azzopardi who under the previous administra- tion was responsible for the Lands Department defended the decision to compensate Emanuel Peresso whose parcel of land was expropri- ated €404,000 when the land in question had been originally valued at €60,000. Peresso's land, of some eight tumo- li, was expropriated in 1974 without compensation. A thread of emails published by MaltaToday last month showed that the Lands Department had initially valued the land at €60,000. Azzopardi had defended the gov- ernment's pay-out, which he said included interest, by saying that it would have ended up paying more had Peresso taken the matter to the Lands Arbitration Court, or even to the European Court of Human Rights. He referred to a similar case, de- cided in 2014 by the ECHR, to award €450,000 in damages for two-thirds of tumuli of land expropriated in 1974. "Can you imagine how much the government would have had to pay Peresso in compensation had he taken the case to Europe? There were other similar cases too, both against Malta and other European countries. The ECHR frowns on de facto expropriation." An email dated 9 October 2011 from the then director-general of the Lands Department Albert Mamo to Azzopardi, showed that Mamo had originally estimated the land at €60,000. Mamo later told Azzopardi that he had requested a fresh valua- tion and that the value was subsequently increased to € 1 4 0 , 0 0 0 . This was confirmed by a press state- ment issued by Peresso which for some reason was not sent to MaltaToday. In the statement, Peresso claimed the Lands Department first valued his land in January 2012 at €118,000; €59,130 for the land and €58,946 in interest. Peresso also confirmed that in 2011, the Lands Department offered an Attard plot in kind, which he did not accept, claiming that the Lands Acquisition Act did not contemplate barters but only cash payments for expropriations. Peresso contested the description by the Lands Department of his land as a "countryside passage", saying the total area consisted of over 8,500 square metres. He said that the land, expropriated in 1974, was left out of a legal provi- sion to incur 5% interest on the mar- ket value of government-expropri- ated lands and that he complained about it with the Office of the Prime Minister. On his part, former Prime Minister Lawrence Gonzi replied to Peresso's complaint saying that he would seek the advice of the Attorney General. "Allow me to emphasise that the valuation of any piece of land is not and can never be a political decision. This is why it is a matter left in the hands of the architects. Of course, you are not obliged to accept it and you have every right to contest it in accordance with the established pro- cedure... I will continue to insist that you are given what is due to you by right. This must be done in accord- ance with the correct procedures and for no other reason," Gonzi was claimed to have told Peresso. In the emails, Mamo complained to Azzopardi to say that Peresso "still insists that the price of the land is €400,000 and compiled a report by his architect basing his argument on the market price and what the land would actually cost if sold for development today as this was his original intention." On his part, Azzopardi said that a government-appointed architect for the Lands Department valued the land at around €100,000 while Per- esso's own valued it at €300,000. An arbiter valued the land at €206,000, to which both parties agreed to, along with a 2.5% interest – at half the 5% rate laid down at law – saving the government €200,000 in interest fees. Peresso in a statement said he en- gaged Denis Camilleri as an archi- tect, who valued the land at €40,000 per tumolo, to a total value of €307,775. He claimed that adding the 5% interest for each of the 38 years would have made the total amount for compensation at €556,200. He was paid a total of €404,020 representing the sum of €206,000 as the price of the land and €198,020 in interest, paid at 2.5% per annum, and on condition he does not pursue any legal action. News Notice of meeting to be held in public e Malta Environment & Planning Authority will meet on ursday 16 th July 2015 at 14:00 hours at the MEPA boardroom, St. Francis Ravelin, Floriana, to discuss the following: DETERMINATION OF DEVELOPMENT CONTROL APPLICATION: PA 1198/15: Site at, P&S LTD, Sqaq tac-Cawla, Triq Valletta, Rabat, Malta Amendments to PA 4019/07 including extension of external landscaped area. Subject to the maximum seating capacity, seats can be reserved on request for the applicant and registered objectors. Remaining seating is lled on a rst come rst served basis. RESERVATIONS: 2290 2018 10 th July, 2015 www.mepa.org.mt Compensation for 1974 expropriation "Treat Peresso to a cool reception," – Attorney General was not sent to MaltaToday. In the statement, Peresso claimed On his part, former Prime Minister what the land would actually cost if – Attorney General Emanuel Peresso (L) with Lawrence Gonzi (R) Attorney General Peter Grech suggested greeting Peresso to a cool reception Email from Peter Grech to Iman Schembri and Paul Zahra Email from Attorney General to Director General Lands suggesting greeting Peresso to a cool reception