Court rules against Fort Bengħajsa squatters, paves way for their eviction

The Civil Court has ruled against a group of squatters residing at Fort Bengħajsa, confirming the government's claim over the property and rejecting a request to halt their eviction.

The ruling, delivered by Mr Justice Audrey Demicoli on Thursday, dismissed an injunction filed by Luigi Vella and others against the Lands Authority, which sought to prevent their removal from Plot 2B at Fort Bengħajsa, Birżebbuġa.

The applicants, who had been occupying the site, argued that they had a valid tenancy agreement and that the eviction process was unjust.

The court found that the claimants failed to prove they had prima facie right to remain on the property. It noted that the original lease had been granted solely to Luigi Vella for agricultural purposes and that there was no legal basis for extending the agreement to additional occupants or for residential use. Furthermore, the court determined that the lease had been terminated, and an official eviction order had been issued.

The Lands Authority successfully argued that it had followed proper legal procedures in reclaiming the site, stressing that the squatters had not challenged the eviction order through the appropriate legal channels before seeking an injunction.

The court also dismissed claims that the government had implicitly recognised the tenants’ rights by collecting rent, stating that any payments accepted were due under the terms of the expired lease and did not confer tenancy rights.

Last month, Prime Minister Robert Abela, speaking in Birżebbuġa, said the government was taking steps to regain possession of Fort Bengħajsa to return it back to the public.

The first steps to return the fort back to the State were taken in 2011 when the government stopped accepting rents from three tenants.

The fort was used for animal husbandry activities and the rearing of cows and bulls since the early 1970s. Part of the fort was rented in 1973 for an annual €93. In 1981, another plot was rented out for an annual €177 while a third plot was rented in 1996 for an annual €419.

Despite the termination of rents 14 years ago, the fort remained occupied illegally.

Fort Bengħajsa was built in its unique pentagonal style by the British between 1910 and 1912 to protect Marsaxlokk Bay. The fort was abandoned by the British in the late 1970s.

Lawyers Stefano Filletti and Maurice Meli represented the Lands Authority.