HSIN NGIE INDUSTRY SDN BHD PENTADBIR TANAH DAERAH PONTIAN

HSIN NGIE INDUSTRY SDN BHD PENTADBIR TANAH DAERAH PONTIAN

Material non‑compliance by the Defendant with the mandatory procedural provisions of the National Land Code 1965—specifically failure to prove valid service of Form 6A on the registered proprietor, serious discrepancies between signed orders and gazetted notices, and failure to publish and register copies as...

Source-derived case information.

Citation
JA-24NCvC-1020-09/2023 (Mahkamah Tinggi)
Parties
Plaintiff: Hsin Ngie Industry Sdn. Bhd.; Defendant: Pentadbir Tanah Daerah Pontian
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 January 2024
Case Number
JA-24NCvC-1020-09/2023 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (saman Pemula) / Judgment (reasons Delivered)
Outcome
Originating summons allowed in favour of Plaintiff; forfeiture and related entries set aside.
Legal Topics
Forfeiture of Land, Service of Statutory Notice, Publication and Registration Requirements, Set Aside of Forfeiture, Registration/cancellation of Caveat
Land Law Administrative Law Statutory Procedure Forfeiture of Land Service of Statutory Notice Publication and Registration Requirements Set Aside of Forfeiture Registration/cancellation of Caveat

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Parties

Hsin Ngie Industry Sdn. Bhd.

Plaintiff

Pentadbir Tanah Daerah Pontian

Defendant

Procedural Posture

Originating Summons (saman Pemula) / Judgment (reasons Delivered)

  1. 1 Whether the forfeiture (perlucuthakan) of the land under the National Land Code 1965 was valid
  2. 2 Whether Notice 6A was validly served on the registered proprietor
  3. 3 Whether the Defendant complied with mandatory procedures in sections 97, 100 and 130 of the National Land Code 1965 (Kanun Tanah Negara)

Ratio Decidendi

Material non‑compliance by the Defendant with the mandatory procedural provisions of the National Land Code 1965—specifically failure to prove valid service of Form 6A on the registered proprietor, serious discrepancies between signed orders and gazetted notices, and failure to publish and register copies as required by s130(2)/s433—rendered the forfeiture ineffective and unlawful; accordingly the Form 6A, Form 8A and related caveat are set aside and the Plaintiff's ownership declared.

Court Disposition

Originating summons allowed in favour of Plaintiff; forfeiture and related entries set aside.

Orders

  • Declaration that Plaintiff is the lawful proprietor of GM80 Lot 4076 Mukim Rimba Terjun, Daerah Pontian, Negeri Johor.
  • Declaration that service of Notice 6A via No. Perserahan 549/2015 on the property was irregular.