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2010 MarsdenLR 2341

COURT OF APPEAL PUTRAJAYA
NORTH EAST PLANTATIONS SDN BHD – Appellant
Versus
PENTADBIR TANAH DAERAH DUNGUN & ANOR – Respondent


Petitioner Advocates:Tun Salleh Abbas,Abdul Haris Abdul Malik ,Respondent Advocate: Norbahari Baharuddin

Abu Samah Nordin JCA (majority):

[1] The issue in this appeal concerns the power of the State Authority to revoke its earlier approval of alienation of State Land under the National Land Code ("the Code"). It is the appellant's contention that the State Authority has no power to revoke its earlier approval of alienation of State Land under the Code. So, when the State Authority revoked its earlier approval of alienation of State Land to the appellant it had in law exceeded its powers under the Code, acted in bad faith and disregarded of the rules of natural justice and the appellant's legitimate expectation.

[2] But before examining the powers of the State Authority in respect of revocation of alienation of State Land under the Code, it is necessary to put the facts in proper perspective. The State Authority of Terengganu is not itself a party to this proceeding. The second respondent is the proper party to this proceeding by virtue of s 16(2) of the Code. The first respondent, namely the Land Administrator of the District of Dungun, is made a party as the land, which is the subject matter of the dispute, is situated in the District of Dungun, Terengganu.

The Facts

[3] On 26 April 2000

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