Who is the proper authority to initiate legal action on reserved land?

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The State Director of Lands and Mines is the Proper Authority to Initiate Legal Action on Reserved Land

The Negeri Sembilan state government's applications seeking the immediate eviction of the Undang of Rembau and Undang of Sungei Ujong were dismissed by the High Court because the state government lacked the legal standing to initiate such proceedings. The court determined that the disputed premises are classified as reserved land under the National Land Code (NLC), not ordinary state land. Consequently, any legal action concerning alleged trespass or wrongful occupation of this reserved land must be initiated by the State Director of Lands and Mines (PTG) in the name of their office, acting on behalf of the State Authority, as stipulated by Section 16(1)(c) of the NLC.
Legal Standing for Reserved Land Actions

The High Court's ruling underscored that the Negeri Sembilan state government, as the applicant in this case, did not possess the registered ownership or the statutory capacity to sue for trespass or possession of the reserved land. Arguments presented to the court highlighted that the state government had not established either title or a right to possession, thereby failing to meet the threshold requirements for initiating proceedings under Order 89 of the Rules of Court. This procedural deficiency led to the dismissal of the eviction applications.
Classification of Disputed Premises

A key finding by the court was the classification of the disputed premises. The court ruled that these halls and residences are designated as reserved land under the National Land Code (NLC), distinguishing them from general state land. This classification is critical because it dictates the specific legal procedures and the appropriate authorities empowered to act in matters of trespass or occupation.
Requirements Under Section 16(1)(c) of the NLC

Section 16(1)(c) of the National Land Code explicitly mandates that legal actions concerning reserved land must be initiated by the State Director of Lands and Mines (PTG). This action must be taken in the name of the PTG's office and undertaken on behalf of the State Authority. The High Court clarified that summary proceedings under Order 89 were not suitable in this instance because the applicant failed to demonstrate an immediate and unchallengeable right to possession, and several triable issues regarding proper statutory authorisation were raised.
Court's Decision and Future Proceedings

The High Court judge, Roz Mawar Rozain, clarified that the dismissal of the applications does not grant any title or right of occupation to the respondents. Furthermore, it does not determine the rightful status of the Undang Rembau or the Undang Sungei Ujong. The decision solely establishes that the named applicant in the proceedings had not proven its legal entitlement to the order for possession sought. The judge indicated that any future proceedings must be commenced by the correctly named statutory claimant under Section 16(1)(c) of the NLC, or by any other individual who can establish an independent and subsisting right to possession under the NLC. The Negeri Sembilan State Government was ordered to pay RM25,000 in costs for each suit, totalling RM50,000.

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Who is the proper authority to initiate legal action on reserved land?

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