FALCON UNIGREEN SDN. BHD. 1. ) PENTADBIR TANAH DAERAH JOHOR BAHRU 2. ) Kerajaan Negeri Johor

FALCON UNIGREEN SDN. BHD. 1. ) PENTADBIR TANAH DAERAH JOHOR BAHRU 2. ) Kerajaan Negeri Johor

Court found objective evidence of breach of express conditions on the title; issuance of Form 7A under s.128 was within statutory power based on administrative satisfaction and accompanied by inspection reports; 180 days was a reasonable remediation period; applicant failed to remedy or make representations; issuance of Form 7B under s.129 immediately after expiry of the 180 days was lawful as statutory follow-up; no mala fide, illegality, irrationality or procedural impropriety proven — therefore both notices valid and appeal dismissed.

Citation
JA-24NCvC-1653-12/2024 (Mahkamah Tinggi)
Parties
Applicant/perayu: FALCON UNIGREEN SDN BHD; Respondent Respondent 1: Pentadbir Tanah, Daerah Johor Bahru; Respondent Respondent 2: Kerajaan Negeri Johor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 November 2025
Case Number
JA-24NCvC-1653-12/2024 (Mahkamah Tinggi)
Procedural Posture
Judicial Review Appeal Under National Land Code 1965 S.418 (challenge to Form 7 a and 7 B) / High Court Judgment (decision Dated 7 January 2026)
Outcome
Appeal dismissed; challenged notices upheld
Legal Topics
Forfeiture Process, Form 7 a, Form 7 B, Section 128 KTN, Section 129 KTN, Section 130 KTN, Procedural Fairness, Wednesbury Unreasonableness, Mala Fide/abuse of Power
Source Language
Malay/English

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Parties

FALCON UNIGREEN SDN BHD

Applicant/perayu

Pentadbir Tanah, Daerah Johor Bahru

Respondent Respondent 1

Kerajaan Negeri Johor

Respondent Respondent 2

Procedural Posture

Judicial Review Appeal Under National Land Code 1965 S.418 (challenge to Form 7 a and 7 B) / High Court Judgment (decision Dated 7 January 2026)

  1. 1 Whether issuance of Form 7A dated 19.6.2024 was lawful under s.128 KTN (power, procedure, reasonableness)
  2. 2 Whether issuance of Form 7B dated 17.12.2024 was lawful under s.129 KTN (timing, procedural fairness, prerequisite compliance)
  3. 3 Whether applicant proved mala fide, abuse of power or Wednesbury unreasonableness in issuance of Form 7A and 7B

Ratio Decidendi

Court found objective evidence of breach of express conditions on the title; issuance of Form 7A under s.128 was within statutory power based on administrative satisfaction and accompanied by inspection reports; 180 days was a reasonable remediation period; applicant failed to remedy or make representations; issuance of Form 7B under s.129 immediately after expiry of the 180 days was lawful as statutory follow-up; no mala fide, illegality, irrationality or procedural impropriety proven — therefore both notices valid and appeal dismissed.

Court Disposition

Appeal dismissed; challenged notices upheld

Orders

  • Saman Pemula / Rayuan under s.418 KTN dismissed
  • Costs of RM5000.00 awarded to Respondents payable by Applicant