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1995 MarsdenLR 1942

HIGH COURT (JOHOR BAHRU)
VERNON ONG, JC
Hamdan bin Johan & Ors – Appellant
Versus
FELCRA Bhd & Ors – Respondent


Advocates:
Desmond Lewis (K Sasindran, JJ Naidu and S Jayakumar with him) (Nor Ding & Co) for the plaintiffs.
Syed Faisal (Syed Faisal & Co) for plaintiffs 22–638 of 2009.
Wan Sharifah bt Wan Yusoff (Wan Sharifah Jamilah & Partners) for the first defendant.
Abd Rahman Putra bin Taha (State Legal Advisor, State Legal Advisor Office) for the second and third defendants.

Vernon Ong JC

[1]The plaintiffs were participants in a FELCRA agricultural project for the planting of oil palm in Johor. In 2001 the land was reacquired by the Johor State Government (the second and third defendants) and the plaintiffs received compensation. The plaintiffs are seeking declaratory orders affecting their rights as participants and for loss and damages for being dispossessed of their respective land holdings in the said project.

THE FACTS AS DISCLOSED IN THE EVIDENCE

[2]In 1994 the Federal Land Consolidation and Rehabilitation Authority (Felcra) (the first defendant) invited the plaintiffs to take part in a project for the development of an oil palm plantation known as Felcra Tebing Runtuh (‘FTR’). By a letter dated 4 April 1995 the Menteri Besar Johor agreed in principle that the FTR land be alienated to the plaintiffs. On 22 July 1995 there was a meeting between representatives of the first defendant, the Pentadbir Daerah Tanah Johor Bahru (second defendant) and third defendant, a representative of a political party and the plaintiffs’ representative one Madon bin Johan (‘PW4’). The land on which FTR was located was scheduled for the development of the Malaysia-Singap

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