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2025 MarsdenLR 2125

HIGH COURT MALAYA KUALA LUMPUR
WONG HENG CHOON & ANOR – Appellant
Versus
PENGARAH TANAH DAN GALIAN WILAYAH PERSEKUTUAN KUALA LUMPUR – Respondent


Petitioner Advocates:Crystal Tiah Hui Min,Eugene Choong ,Respondent Advocate: Iskandar Zulkarnaen Che Mohd Nor

Table of Content
1. nature of land tenure dispute (Para 1 , 2 , 3 , 4)
2. rules governing intitulement of os (Para 5 , 6)
3. application of relevant laws in the os (Para 7 , 8 , 9 , 10 , 11 , 12)
4. separation of powers in land matters (Para 14 , 15 , 16 , 17 , 18)
5. judicial review process concerning executive decisions (Para 19 , 20)
Akhtar Tahir J:

Introduction

[1] The Plaintiffs have applied to the Court by this Originating Summons ("OS") for a Declaration that the land tenure of 99 years issued by the Land Office to be reverted to a tenure in perpetuity as it was originally was.

Brief Facts

[2] The Plaintiffs are registered owners of a residence originally held under land grants having tenure in perpetuity.

[3] This land grants were surrendered to the Land Office for purposes of sub divisions for the development of a housing project. After surrender upon new titles being issued, the tenure in perpetuity was changed to a 99 years lease.

[4] The Plaintiffs allege that the conversion of the tenure from perpetuity to a 99 years lease is unlawful and unconstitutional. By this OS the Plaintiff applies for a Declaration from the Court to declare that the land is held in perpetuity instead of 99

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