Encroached land reverts to State Authority under National Land Code, and plaintiffs demonstrate serious triable issues regarding their rights to occupy despite eviction notices.

JUDGMENT

Tee Geok Hock JC:

Introduction

[1] The natural phenomena of soil erosion, advance of sea water and encroachment by sea or river can at times have a legal impact upon the registered proprietors of lands along sea shores or adjacent to rivers. Registered proprietors of lands along sea shores or adjacent to rivers may probably find it more prudent to construct protective barriers to stop the advance of sea or the encroachment by river onto their said lands rather than facing the risks of reversion of the encroachment area to the State Authority.

[2] As exemplified by the facts and circumstances of this case and issues in dispute between the parties herein, a registered proprietor of an alienated land adjacent to a river may have to face the risks of reversion of the alienated land or part thereof to the State authority by the operation of law and occurrence of natural phenomena and/or the related court proceedings arising from or in connection with issues pertaining to the encroachment by river.

[3] Enclosure 9 is the 5th Defendant's application under O 18 r 19(1)(b), (c) and/or (e ) of the Rules of 2012 to summarily strike out the Plaintiff's Originating Summons herein. On 1st September 2021 this court dismissed the 5th Defendant's application in Enclosure 9 on the ground that there are triable issues including (a) whether the lands occupied by the Plaintiffs or part thereof has formed part of a river or has been encroached by a river;

(b) whether the river or part thereof encroached by the river became State land automatically by operation of law; (c) whether under the law the land which forms part of a river or which has been encroached by a river can be alienated by the Land Administrator to a private person or company or can continue to be owned by a private legal entity; (d) whether the river land, river encroachment and lands adjoining the river including the lands occupied by the Plaintiffs should be re-surveyed in order to identify and ascertain the boundary of the river and the river encroachment as recommended or suggested by the office of Menteri Besar Selangor; (e) whether the Plaintiffs have acquired any rights under the laws or equity to occupy the subject-lands; (f) whether the Plaintiffs in the circumstances of the present case have any rights under the laws or equity against the 5th Defendant and/or the 6th Defendant. It has been held by this court that the present case is not a clear and obvious case for summarily striking out the Plaintiff's Originating Summons without a trial and that the Plaintiff's Originating Summons is not obviously unsustainable. Dissatisfied with the said decision, the 5th Defendant has appealed to the court of Appeal.

Background Facts

[4] As there are multiple parties in the present case with a rather lengthy history and background it is more appropriate to set out the brief background factual averments and affidavit evidence relating to the subject lands and the river in chronological sequence.

[5] Sungai Selangor, the river from which the State of Selangor derives her name, has been in existence since time immemorial.

[6] Along part of the river bank of Sungai Selangor at the location known as Bagan Sungai Yu is a fishing village with many houses and shops. This fishing village is located at the river bank of Sungai Selangor very near the river mouth where Sungai Selangor meets the Straits of Malacca.

[7] Among the residents of the Bagan Sungai Yu village are the Plaintiffs who, according to the Plaintiffs' averments in affidavit, are fishermen and traders of seafoods and fishery products who have been occupying and settling at the river bank and adjacent lands since many years ago [paragraph 8 of the Plaintiff's Affidavit-inSupport, Enclosure 2].

[8] Federal Oil Mills Bhd was the previous registered proprietor of several hundred acres of estate land including the land parcel of area 47,931.4 square metres (approximate 12 acres) along the river Sungai Selangor at Bagan Sungai Yu locati