Who is the designated authority for reserved land legal actions under the NLC?

Question

Accepted Answer

The State Director of Lands and Mines is the Designated Authority for Reserved Land Legal Actions Under the NLC

The Negeri Sembilan state government's applications to evict the Undang of Rembau and the Undang of Sungei Ujong from their official halls and residences were dismissed by the High Court, which found that the state government lacked the legal standing to initiate such proceedings. The court clarified that under the National Land Code (NLC), specifically Section 16(1)(c), any legal action concerning the alleged trespass or wrongful occupation of reserved land must be initiated by the State Director of Lands and Mines (PTG) in the name of their office on behalf of the State Authority.
Legal Standing and Procedural Requirements

The High Court, presided over by Judge Roz Mawar Rozain, ruled that the Negeri Sembilan government, as the applicant, had not established either registered ownership or the necessary statutory capacity to sue for trespass or possession. This failure meant the threshold required under Order 89 of the Rules of Court was not met. The court emphasized that the disputed premises are classified as reserved land under the NLC, distinguishing them from ordinary state land, and therefore subject to the specific procedural requirements outlined in Section 16 of the NLC.
Proper Statutory Claimant Must Initiate Action

The court's decision highlighted that summary proceedings under Order 89 were inappropriate because the applicant failed to demonstrate an immediate and unchallengeable right to possession. This raised triable issues regarding the proper statutory authorisation for the action. Judge Roz Mawar stated that the dismissal does not confer any title or right of occupation upon the respondents, Abdul Rahim Yasin and Datuk Mubarak Thahak.
Dismissal Without Prejudice to Proper Proceedings

Ultimately, the High Court dismissed the applications without prejudice to any future proceedings that might be commenced by the correctly named statutory claimant, as stipulated 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 code. The Negeri Sembilan State Government was ordered to pay RM25,000 in costs for each suit, totalling RM50,000 to the respondents.

Reading history

Hide →

This history is cleared when the page is closed.

Who is the designated authority for reserved land legal actions under the NLC?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends