Disposal Of Land By State Authority

Question 1

What is disposal of Land

Answer 1

‘Disposal’ means granting of rights, proprietorship or otherwise, by the State Authority in respect of the land, in favour of private individuals or bodies.

Question 2

Relevant Provision in relation to “Ways” of Disposal of Land

Answer 2

Sec 42(1) NLC

Question 3

Definition of Alienation

Answer 3

Sec 76 of NLC
- Leasehold (not more than 99 years)
- in perpetuity
- In consideration of the payment of an annual rent

Question 4

What are the land revenue (types) payable on approval?

Answer 4

Sec 81(1) NLC

Question 5

What happens if the applicants fails to pay the sums due as land revenue within the period provided in the “Notice in Form 5A”?

Answer 5

Sec 81(2) State Authority approval in relation to the alienation of the a I’d land SHALL lapse

Question 6

Teh Bee

Answer 6

High Court:
Federal Court:

Question 7

Cases which show “Effective date of alienation of Land is that of the REGISTRATION of the title to the land”

Answer 7

1. Dr. Ti Teow Siew
2. North East Plantations Sdn Bhd

Question 8

Fasts of North East Plantations Sdn Bhd

Answer 8

State Government agreed to approve the appellant’s application for alienation of the reserved forest land. Pas then lost the election to BN and the State Authority refused to accept the payment of Land revenue on the ground that the new State Executive Council had REVOKED the alienation of approval of the said lots.

Question 9

What was held in North East Plantations Sdn Bhd case?

Answer 9

1. NLC specifically prescribe the mode for alienation of State Land and declares that the land SHALL remain STATE LAND until registration of a register document of title.
2. Legitimate expectation cannot override the express statutory provisions of NLC.
3. State Authority had VALIDLY revoked the approval of the application for alienation of the said land.
4. At the time of the revocation, the said lots were STILL State Land.

Question 10

Significance of CIMB Investment Bank v Metroplex Holdings

Answer 10

1. Requirement of State Consent for dealing with foreigner or non-citizen ONLY applies to TRANSFERS.
2. SA approval not required for a CHARGE or a LIEN.