2011 MarsdenLR 252

ALAUDDIN MOHD SHERIFF, HASHIM YUSOFF, MOHD GHAZALI YUSOFF
NORTH EAST PLANTATIONS SDN BHD – Appellant
Versus
PENTADBIR TANAH DAERAH DUNGUN & SATU LAGI – Respondent

The state retains authority to revoke land grants until full registration occurs, emphasizing environmental sustainability and natural justice in policy reassessment.

Headnote:(A) National Land Code - Section 78(3) - Jurisdiction of State Authority - The court upheld the constitutionality of the State Authority's power to revoke land allocation approvals, affirming that land remains state property until registered as ownership. (Paras 13-14, 36)

(B) Principles of Natural Justice and Legitimate Expectation - The court determined the principles of natural justice do not preclude the State from reassessing past decisions to ensure legitimate policy considerations, particularly regarding environmental sustainability. (Paras 18, 36)

Facts of the case:
The appellant applied for land grants that were approved by the former state government; however, the current government rejected payments and revoked the grants citing sustainability concerns. (Paras 3-10)

Findings of Court:
The revocation was deemed valid as the applicant had not registered the land, and thus it remained state property. (Paras 13-14, 36)

Issues: Whether the National Land Code allows for revocation of land grants unconditionally; the applicability of the principles of natural justice; and establishment of legitimate expectation. (Paras 12, 24-26, 30)

Ratio Decidendi: The court ruled that unregistered land remains state property, legitimizing the State's power to revoke approvals without needing to adhere to prior policies. (Paras 13-14, 36)

Result: The appeal was dismissed with costs.