ISMAIL BIN MAMAT v 1. ) Pentadbir Tanah Besut 2. ) Kerajaan Negeri Terengganu 3. ) Jabatan Ketua Pengarah Tanah & Galian (JKPTG)
7 cases cited
(0 SG, 7 foreign)
Catchwords
Land Law — Surrender of land — Validity — Whether surrender registered after acquisition proceedings commenced was valid — Plaintiff voluntarily applied for surrender years before acquisition — Delay in registration — Whether delay amounted to bad faith — Whether procedural non-compliance under s 198(4) National Land Code vitiated surrender — Effect of continued demand and acceptance of quit rent by State — National Land Code 1965, ss 197, 198(4) Land Acquisition — Compensation — Entitlement — Registered proprietor — Plaintiff was registered proprietor at time of acquisition notice and enquiry — Plaintiff had previously applied for surrender of land — Whether plaintiff remained “person interested” under Land Acquisition Act 1960 — Whether plaintiff entitled to compensation — Land Acquisition Act 1960, s 2 Constitutional Law — Right to property — Adequate compensation — Article 13(2) of Federal Constitution — Whether deprivation of property occurred — Plaintiff had voluntarily agreed to surrender land — No entitlement to constitutional protection for property already committed to State Administrative Law — Legitimate expectation — Estoppel — Whether State’s conduct in accepting quit rent and treating plaintiff as proprietor created legitimate expectation of compensation — Whether State estopped from relying on surrender — Prior voluntary undertaking by plaintiff to surrender land — Effect Torrens System — Indefeasibility of title — Exceptions — Plaintiff’s name appeared on register — Title was subject to pending surrender application — Whether indefeasibility was absolute — National Land Code 1965, s 340(1), (2) Words and Phrases – “person interested” – Land Acquisition Act 1960, s 2 – Meaning – Registered proprietor whose title is subject to pending surrender application – Whether such proprietor retains interest in land for purposes of acquisition proceedings
Practice Areas
Judges (1)
Counsel (5)
Statutes Cited
Federal Constitution
Art 13 Art 13(2)
Government Proceedings Act 1956
s 29(1)(b)
Land Acquisition Act
s 2
Land Acquisition Act 1960 (Cap 486)
National Land Code (Cap 828)
Rules of Court 2012
Cases Cited (7)
MY (7)
[2008] MLJU 779 [2010] 2 MLJ 1 [2013] 2 MLJ 793 [2016] 2 MLJ 543 [2017] 3 MLJ 561 [2019] MLJU 1350 [2025] 5 MLJ 768
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ta-24-2-12-2024)