A court has confirmed a decision by the Administrative Review Tribunal that had annulled a decision by the Lands Authority to take back part of a garden that was leased to the Gzira local council.

The authority had wanted to take back 902 square metres of land from the Council of Europe public garden, which would have been used for the relocation of a fuel station. The petrol station is currently located near the Manoel Island bridge.

When challenging the authority's decision, the council had argued that the only green open space in the locality is the Council of Europe public garden, which was given to the council on 8 March 2000, and of which it pays rent, handles maintenance, and had filed a case with the Administrative Review Tribunal arguing, among other things, that the authority had never communicated with the Council to listen to what it had to say, that it failed to give reasons for its decision, and that the authority was failing to in its obligations to administer public property in the best way. The Tribunal found in favour of the council on the first two points, but not the third.

The Court of Appeal, presided over by Mr Justice Lawrence Mintoff, was deciding on an appeal that was filed by the Lands Authority against the decision taken last year by the tribunal on 1 November 2022.

Among other things, the court noted that consultation with the Council, as the other party in the contract, is the minimum of what is needed for administrative action to be seen as correct and looking at the interests of the largest number of people who could be affected."

Gzira Mayor Conrad Borg Manche welcomed the court's decision, describing it as a victory for the people.  "Thankyou to all those who believed in our case and supported us, especially those who gave us space in the media and those who signed the petition," he said.