19 Jan 2024
1. ) UTHAYA KUMAR A/L SUBRAMANIAM 2. ) CHITRA A/P R. KRISHNASAMY 1. ) LIM KIAN HOONG 2. ) LIM THIAM KUAN 3. ) Pejabat Daerah dan Tanah 4. ) Kerajaan Negeri Selangor
- Citation
- BA-21NCvC-3-01/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-21NCvC-3-01/2023 (Mahkamah Tinggi)
The court held that because the title is qualified and no JUPEM final survey/plan approval has been obtained the plaintiffs’ claims against the State (3rd and 4th defendants) are premature and statutorily barred under s.83(4) NLC; plaintiffs must pursue statutory/internal remedies (including referral under s.83(3) and recomputation under s.84) and therefore the 3rd/4th defendants’ O.14A/O.33 application succeeds. The plaintiffs’ claims against the 1st and 2nd defendants are plainly unsustainable and were struck out because the sale was on an 'as is where is' basis, plaintiffs and their solici…