HIGH COURT MALAYA KUALA LUMPUR
LAI SIEW SHIANG – Appellant
Versus
PENGARAH TANAH DAN GERAN WILAYAH PERSEKUTUAN KUALA LUMPUR – Respondent
| Table of Content |
|---|
| 1. land tenure change and plaintiffs' claims. (Para 1 , 2 , 3 , 4) |
| 2. procedural compliance and intitulement issues. (Para 5 , 6 , 9 , 10 , 11 , 12) |
| 3. separation of powers in land matters. (Para 13 , 14 , 15 , 16 , 17) |
| 4. judicial review as a remedy. (Para 18 , 19) |
[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 holders of individual title of 11635, Lot 29280, Mukim Batu, Daerah Kuala Lumpur. This plot of land was 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 undertaken by Taman Bukit Maluri Sdn Bhd for the Bukit Maluri. Upon sub-division and 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 th
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