Police and Armed Forces personnel were called out yesterday to help Malta Environment and Planning Authority officials demolish an “illegal construction” in Mdina Road, Zebbug.

Attempts to demolish the building were fiercely resisted by the owners of the property, Charles Dimech and his family, who insisted that the structure had been built by the Malta Transport Authority after part of their land was expropriated when Mdina Road was widened in 2005.

The presence of the police and armed forces was necessary because no private contractor was willing to render the service and remove the illegal structure, Mepa said. In fact, demolition work was started by engineers from the AFM.

From early morning, the Dimech family resisted attempts to start demolition work on the structure and they parked a number of heavy vehicles, with their tyres deflated, to hinder Mepa’s officials.

At one point, scuffles broke out as the police tried to remove the vehicles. In fact, members of the Dimech family were later arraigned in court and charged with resisting the police and causing slight injuries to three officers.

In a statement, Mepa said the building was being illegally used to keep and sell vehicles, cars and other objects. The authority said that a structure roofed over with precast slabs was constructed as an extension to the existing building. A room and another structure on top of it were also illegal and no permits were sought.

Mepa contacted the developer and issued a Stop & Enforcement Notice in 2004. Since no application/appeal against enforcement were submitted, the case was referred for Direct Action and the developer was notified of this and told that Mepa may enter the site and remove the illegal structures without any further notice.

The authority said that in September 2005 further construction work was carried out in breach of the active stop/enforcement notice so much so that a police fixed point was set up to ensure the work stopped. However, as soon as the police monitoring ceased, Mepa said the developer continued further work.

However, Mepa’s version of events was strongly rebutted by Charles Dimech and his family. In a sworn affidavit signed by lawyer Dr George Cutajar, it was said that Mr Dimech was invited for a meeting in May 2005 with Urban Development and Roads Minister Jesmond Mugliett and he was informed that Mdina Road was to be widened by 10 metres.

As a result, Mr Dimech’s property, consisting of a garage and a yard, had to be shifted inland. According to the affidavit, during the meeting, Dr Cutajar had insisted with the minister, and with senior Mepa and ADT officials who were present, that Mr Dimech should be compensated for his losses.

He had proposed that Mr Dimech be given permission to build an additional storey above the garage, which was to be constructed by ADT’s building contractor.

According to the lawyer, Minister Mugliett had given his approval and instructed Mepa officials to allow Mr Dimech to build the extra storey. Mepa officials did not oppose this solution, said Dr Cutajar.

Dr Cutajar said a meeting was held with the family’s architect on how the work should be carried out but at no point did the ADT officials say the work was not covered by a Mepa permit.

The lawyer said that work was carried out, as evidenced by a letter signed by the ADT’s Director Network Infrastructure Directorate Prof. Heinrich Semar.

“No Mepa officials visited the site, even though they knew what was happening and now we are exhibiting photos of the work that was being carried out by the ADT contractor,” said Dr Cutajar.

Mepa officials did visit the site in January 2006 and they told Mr Dimech to cease construction on structures that were not approved by Mepa.

Dr Cutajar said he phoned the minister on 17 January 2006 to remind him what he had promised in the May 2005 meeting.

“He did not deny what he had said during that meeting but simply pointed out that a prohibitory injunction had been filed in July,” Dr Cutajar said.

In a statement yesterday evening, the ministry confirmed that the meeting mentioned by Dr Cutajar actually had taken place, but also that the lawyer was advised to regularise his client’s position.

However, in no instance was Mr Dimech given assurances that the ADT or the ministry was going to file for a Mepa permit on his behalf let alone give a guarantee that a permit would be issued.

The ministry denied offering compensation or that the minister had given instructions to Mepa officials.

The ministry said that Mr Dimech had allegedly tried to hinder work on the road by filing, in July 2005, for a prohibitory injunction to be issued but this was turned down. It added that Mr Dimech allegedly continued to hinder work on the road and threatened the ADT officials, the contractors and their employees.

The ministry said no meetings were held between Mr Dimech and the minister until Mepa published the enforcement notice.

After the notice was published, Mr Dimech contacted the minister on a number of occasions, asking him for help so that the first floor would not be demolished.

The ministry said minister Mugliett had always insisted that the only option was to demolish the structure. However, Mr Dimech refused to do so.

The ministry said it would not exclude taking legal action against Mr Dimech and Dr Cutajar.