Muhammad Danial Uitm Shah Abd Alam Talib
LA !0"
[email protected] 2013807926
A##ignm$nt
Law 504 Assignment 1
Jalil was occupying a piece of land held under a temporary occupation licence (“TOL! since "00#$ %e erected a dou&le story &ungalow and grew some fruit trees on the land$ On 1 'ecem&er "014 he made an application to the )tate Authority to renew his licence$ Jalil was informed that the )tate Authority has decided to alienate the TOL land to )e*uta 'e+elopment )dn ,hd (“)'),! to &e de+eloped as a housing pro*ect and therefore Jalil-s application to renew his license was re*ected$ Answer the following .uestions/ a! Jalil was not happy with the decision of the )tate Authority and claimed that as a TOL holder he should &e gi+en the priority in the alienation of the land$ Jalil decided to tae action against the )tate Authority and )'), for all costs incurred &y him to de+elop the land$ Ad+ise Jalil$ &! 2pon hearing that the land is to &e alienated to )'), the ,oard of 'irectors of )'), started to engage contractors to clear the land and constructed wooden huts to house its worers$ 3ecently )'), recei+ed letter from the )tate Authority to +acate the land failing which )'), will &e charged for trespassing on state land$ A representati+e from )'), has come to see you for ad+ice on the a&o+e matter$ Ad+ise )'),
(10 mars!
"0 Oct$ "015 TO , )2,6TT' O7 T% 83' )67A3$
Jalil was not happy with the decision of the )tate Authority and claimed that as a TOL holder he should &e gi+en the priority in the alienation of the land$ Jalil decided to tae action against the )tate Authority and )'), for all costs incurred &y him to de+elop the land$ Ad+ise Jalil$ Answer/ Temporary occupation licences fall under section 95 where the power to licence temporary occupation of state land mining land and reser+ed land$ The state authority may permit TOL &ased on few criteria$ The first is where the land must &e under state own land$ %ere we could tae that the land was under state land as there is no charge from the owner for trespass$ 6n addition to this the land itself has &een under TOL since "00# and &y today it should clearly ha+e taen as state own land$ )econd were the land is under mining land &ut was ne+er &eing used for the purposes of mining$ 6n this instances we could ha+e su&sided the law as it was not applica&le here in the case$ Third when the land is reser+ed land$ This was not applica&le also as the land was ne+er stated as reser+ed of ri+er or road$ 6n addition it &etter to assume that the land that &een put under Jalil was a state land that was ne+er open or ha+e plan for de+elopment in a decade starting from year "00# 6n order to process the TOL the application has to &e made thus what Jalil did was accepta&le and it has &een put under the power of land administrator to decide weather Jalil or )'), to &e gi+en the land under TOL or alienation of land :rom section 9; we can clearly assume that the state go+ernment has follow the code as they only gi+en Jalil TOL for a term of a year and they also ha+e follow su§ion 8 or section 9; in order to allowed Jalil to renew his TOL annually not e
for a term not e
o+ernment re.uires the )tate Authority to cause a grant in perpetuity to &e made to the :ederal >o+ernment or to a pu&lic authority or where the :ederal >o+ernment and the >o+ernment of the state agree to mae a grant in perpetuity to the :ederal >o+ernment= (ii! where the )tate Authority is satisfied that the land is to &e used for a pu&lic purpose= or (iii! where the )tate Authority is satisfied that there are special circumstances which render it appropriate to do so= (&! in consideration of the payment of an annual rent= (c! in consideration unless the )tate Authority thins fit to e
Third it comes when the state of this land should ha+e come with consideration of a payments of annual rent$ As this &ecome clear we should comply this rules as it was in our consideration &efore applying for the alienation$ 6n addition to a&o+e the application was +alid as the application was for alienation instead of TOL in this instance the authority of this was under the state go+ernment$ Thus as the authority we ha+e gi+en a green light in continuing the process$ 6n the reason of case &y Jalil where he thins he might &e the &etter person to get the land was not the case$ As it was stated in the land code only application will &e entertaining$ As he was applying TOL instead of alienation then it &ecome in+alid$ ,ased on one of the cases the holder under a TOL o&tains no legal right e.uita&le rights o+er the land he occupies &y +irtue of the license other than to occupy the land temporarily from year if he can ha+e his licence renewed annually and there is no o&ligation on the part of the authorities to grant a renewal of a TOL license for any su&se.uent year$ :or the compensations of the land due to Jalil it could not &e claimed as whole$ As the section9;(8! and form 4a )chedule there is nothing can &e taen as permanent either &uilding or crops$ 6n addition to that as the permit gi+en to Jalil was agriculture the &ungalow of his has &ecome in+alid and it has far go &eyond the permitted or stipulated used of the license$ To supplement our case we can see the case &etween ?apoo and Beeriah$ %ere the court stated that a temporary occupation licence is e
6n the other side if Jalil was not &een charged for &reaing the TOL agreement )'), should pay a compensation rele+ant to it$ As the same case a&o+e where the court continues to o&liged where a person who has occupied land on TOL ac.uire a right to &e compensated &y a su&se.uent holder of a TOL of the land or a su&se.uent registered proprietor thereof for any e
2pon hearing that the land is to &e alienated to )'), the ,oard of 'irectors of )'), started to engage contractors to clear the land and constructed wooden huts to house its worers$ 3ecently )'), recei+ed letter from the )tate Authority to +acate the land failing which )'), will &e charged for trespassing on state land$ A representati+e from )'), has come to see you for ad+ice on the a&o+e matter$ Answer/ 'isposal mean any disposal of land made &y the state authority in the e
formal applications$ ?lanned alienation is suita&le for &oth large and small areas of land$ 6t has &een recommended &y the national land council to prefer this type of alienation$ 6n contrast the unplanned alienation refers to application of land made &y the person as now &y the )'), where this falls under unplanned alienation thus it comes under our own initiati+e$ :rom the case a&o+e the issues are whether the alienation was effecti+e on the day )'), &uild the temporary &uilding$ ,ased on section ;#(8! the alienation of state land shall tae effect upon the registration of a register document of title thereto and notwithstanding that its alienation has &een appro+e &y the state authority the land shall remain state land until that time$ The alienation only tae effect upon registration of register document of title and not upon appro+al of the state authority in this instances as we ha+e acted &efore the date of register it has contradicted the law$ :rom this law it clearly stated that as long as the land was not register it shall remain under the state authority$ e could not argue in stance of the appro+al &y the authority as it not confirms nor a confirmation of registration as the confirmation of registration and the transfer of ownership will only happen after the register$ The case 'r Ti Teow )iew and ?ndaftar >erangeran Tanah )elangor 1@#" can &e taen as reference$ %ere *ustice %ashim Deop )ani stated that section ;#(8! of the code determines when an alienation of state land shall tae effect and its is clear from that su§ion that alienation taes effect upon registration only$ 6n addition to this it has &ecome rele+ant for the state authority to sue )'), due to the trespass$ Though they ha+e agreed to alienation they may also re+oe the alienation &ased on the act done from )'), side$ As the power to alienated the land was solely under the state authority it should &e under circumstances to us to follow suits of the land law$ 6n conclusion the alienation wor in ways that it should &e done after the alienation was register$ The section ;#(8! has stop any&ody from wor &efore the land pass through the register as this may &e taen as trespass to land$ Thus we are lia&le to the trespass as we ha+e not the right owner of the land$
