The court clarified that non-compliance with mandatory procedures in land acquisition results in the acquisition being void, upholding property rights and entitlement to damages.

[1] This is an action commenced by the executors of the estate of one Cheong Weng Sun, who was the registered owner of a piece of land held under EMR 2501, Mukim Damansara, originally issued on 2 March 1917 before its eventual conversion to the current Geran Mukim 210, Lot 953, Batu Tiga, Mukim Damansara, Daerah Petaling, Selangor ('Land 1') of which the deceased became the registered owner on 23 July 1964.

Brief Facts

[2] According to the version of the 1st plaintiff (PW5), sometime in 2016, when the executor wanted to develop the land, he was informed that a condominium had been erected thereon by the 2nd defendant (Magna).

[3] Subsequent investigations revealed that the 2nd defendant ('D2') had been issued with a title for lands which overlapped onto the plaintiffs' land. D2's title was issued on 2 November 1993 under HSD 80103 ('Land 2'). The title was thereafter converted to the current Geran PN48052, Lot 453, Seksyen 13, Bandar Shah Alam, Daerah Petaling, Selangor Darul Ehsan on 3 March 2008.

[4] D2 became the registered owner of Land 2 on 3 March 2008.

[5] As both the plaintiffs and D2 held the final titles to the same lot, D2 then proceeded to take out Third Party ('TP') proceedings against the Third Parties ('TPs') as on the basis of prima facie negligence on the part of the TPs in issuing the title in respect of Land 2 and the trite principle that once land has already been alienated, it cannot be alienated again by the State as that land can no longer be considered as State Land. It was contended that the State has no power to alienate land for the second time unless that land had been reverted back to the State.

[6] Before the matter was proceeded to trial on the first scheduled date, the Federal Counsel appearing for the State Legal Advisor who was representing the 1st defendant ('D1') introduced documents claiming that Land 1 had been acquired pursuant to the Land Acquisition Act 1960 (' LAA ') sometime in 1986. As a consequence, the plaintiffs sought to amend the pleadings and cite the 1st defendant in this proceeding. There was no record of any acquisition exercise having been carried out vide land title searches by the plaintiff on Land 1.

Agreed Facts Between The Parties

(1) The Deceased is the registered owner of a piece of land held under title GM210, Lot 953, Mukim Damansara, Batu Tiga, Daerah Petaling, Selangor Darul Ehsan (formerly known as EMR2501, Mukim Damansara) ('Land 1').

(2) The 2nd defendant is the registered owner of a piece of land held under title PN100092, Lot 91071, Seksyen 13, Bandar Shah Alam, Daerah Petaling, Selangor ('Land 2').

(3) Originating title of EMR2501 Land 1 has been surrendered by the 1st plaintiff to the 1st defendant on 9 June 2016 and a continuous title of GM210 was issued to the plaintiffs on 16 June 2016.

(4) The 2nd defendant's development known as "Prima U1 Condominium" has been erected on Land 2.

Issues For Determination At Trial

(1) Whether the title for Land 1 encroached onto Land 2?

(2) Whether the acquisition of Land 1 under Land Acquisition Act 1960 is a valid and proper acquisition?

(3) Whether the plaintiffs are entitled to the exclusive ownership of Land 1 despite the issuance of title for Land 2?

(4) Whether the 2nd defendant's development ('Land 2') has encroached onto the plaintiffs' Land ('Land 1')?

(5) Whether the 2nd defendant's development amounts to an encroachment onto the plaintiff