10 Jun 2022
BAN GUAN HIN REALTY SDN BHD 1. ) PENTADBIR TANAH DAERAH KLANG 2. ) PENGARAH TANAH DAN GALIAN SELANGOR 3. ) HAJI MOHD ZAINAL BIN MOHD NOR 4. ) MOHAMAD SAIFUL AZRI BIN MOHD FOUZI 5. ) Kerajaan Negeri Selangor
- Citation
- BA-24NCvC-1060-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24NCvC-1060-10/2020 (Mahkamah Tinggi)
The forfeiture was set aside because the Respondent failed to conduct a proper mandatory enquiry as required by section 129 and failed to record the substance of evidence (ss 31,32), there was an unexplained and unreasonable delay in issuing the forfeiture order contrary to the immediacy required by section 129(5)(b), and Form 8A was served before proper gazetting and contained inconsistencies with the Gazette under sections 130 and 433, such that the entire forfeiture process was defective and the deprivation of property was not in accordance with law under Article 13(1).