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Thread: Johor to seize Malay land from non-Malays

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    Default Johor to seize Malay land from non-Malays

    NUSAJAYA: The Johor government will seize Malay reserve land which had fallen into the hands of non-Malays.

    Menteri Besar Datuk Seri Khaled Nordin said several action plans would be enforced to seize land which rightfully belonged to Malays.

    “This shows that we did not neglect our responsibility in defending or increasing the size of Malay reserve land,” he said to questions from Datuk Maulizan Bujang
    (BN-Tiram), Ayub Jamil (BN-Rengit) and A. Aziz Ismail (BN-Senggarang) at the Johor state assembly sitting here yesterday.

    However, he did not elaborate on what the action plans were nor the size of Malay reserve land which had changed hands.

    Khaled said Johor had 432,157ha of Malay reserve land as of last September, compared with 87,536ha in 1957.

    “In the Iskandar Malaysia economic region, the size of Malay reserve land is 23,517ha, compared to 1,921ha in 1957.

    “These include land in Johor Baru and in Kulaijaya.

    “This clearly shows that the acreage of Malay reserve land in the economic region has grown in size, and not the other way round.

    “In fact, the size of Malay reserve land has grown by 12 times as compared to 1957,” he said.

  2. #2
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    Default Man loses home due to Gombak land office negligence

    A man who had his land acquired without his knowledge today lost all legal recourse to get justice when the Federal Court yesterday refused to grant leave for his appeal.

    Ishmael Lim Abdullah, 53, will now have to vacate the 5,000 sqm land in Templer’s Park which he had been occupying for 40 years and get a miserly compensation of just RM6,000 – the amount that the government deposited to the courts in 1974 to acquire the property for a military school.

    In a unanimous decision, the five-man panel – Tan Sri Ahmad Maarop, Tan Sri Hassan Lah, Datuk Zainun Ali, Datuk Seri Abu Samah Nordin and Datuk Ramly Ali – said Ishmael’s application did not make the threshold for leave to be granted.

    The court also awarded cost of RM5,000 each to respondents the Federal Land Commissioner and the Gombak Land Office which failed to register the acquisition in the first place.

    The ruling sends alarm bells to all land owners as it means land titles are not safe anymore and land owners will pay the price for negligence by the land office.

    In Ishmael’s case, as the acquisition was not registered by the Gombak Land Office, his father did not realise he was buying encumbered property from a Singaporean in 1975. Even when the title was passed to Lim in 1992, the acquisition was not registered.

    Lim was hoping that he would be paid compensation equivalent to the current market value of RM1.5 million.

    But, as the appeal was dismissed, this means the offer in 1974 still stands.

    This also means Ishmael who has spent close to RM100,000 in legal bills will only get RM6,000.

    The Federal Court did not address the issue of the military college now moved to Putrajaya, hence the original intention for the acquisition is not valid.

    There are fears that the land where Ishmael used to run a nursery will now be converted for commercial reasons.

    Ishmael’s lawyer Trevor George De Silva pleaded that his client had been paying his quit rent diligently.

    Prior to the appeal, the lower courts had heard that Singaporean Lim Cheng Kim did not know that the land had been acquired when she sold the land to Ishmael’s father.

    When buying the land, Ishmael’s father made checks with the land office then which indicated it was without any encumbrances. Ishmael inherited the land in 1992 and the transfers were done at the Gombak Land Office.

    He even charged the property to a bank for a loan in 1993.

    On March 9, 2005, the Gombak Land Office issued him an eviction notice saying his land and 12 other plots have been acquired for the military college. Between 1993 and 2005, five land searches confirmed Ishmael as the registered owner of the property.

    Ishmael took the Federal Land Commissioner and the Gombak Land Office to court on April 7, 2005, to challenge the eviction notice.

    The High Court then ruled to keep things at status quo until Ishmael and the land administrators sort out the land issues.

    In spite of this order, the Land Office proceeded to cancel Ishmael’s ownership of the land. But his name was reinstated after he filed contempt proceedings.

    He eventually lost the High Court case and later at the Court of Appeal which held that the land acquisition process began in 1973 and was completed in 1974, hence the land belonged to the state.

    The Court of Appeal ruled the previous owner, no longer has good title of the land. Therefore, the transfer of the land to Ishmael's father was null and void.

    Notably, the Court of Appeal held that the enforcement of "Form K" to register the acquisition – a requirement under the National Land Code – was merely a formality and not fatal to the acquisition process.

    The Court of Appeal also held that although Ishmael has been paying quit rent, assessment fee and was able to charge the land for a bank loan, it "does not prove that his title is indefeasible".

    Speaking to The Edge Financial Daily, Ishmael said he had lost everything fighting for his rights.

    “I did everything by the book.

    “I have lost my home and incurred more debts. How is this right?” said a teary Ishmael. – The Edge Financial Daily, November 19, 2014.

  3. #3

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    WELCOME to mudland !

  4. #4

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    HO! HO! HO! MEEEEERYYY CHRISTMAS for everyone who has invested in JB!!!

  5. #5

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    ‘Malay Reservation Land’ refers to a special category of land confined within the boundaries of a state which can only be owned and dealt over by Malays or persons deemed native residents of the state.. Article 89(6) of the Federal Constitution 1957 defines “Malay Reservation” as land reserved for alienation to Malays or to natives of the State in which it lies. The same provision also states that ‘ Malay” includes any person who under the law of the state in which he is resident is treated as a Malay for the purpose of the reservation land.

    The first legislation which introduced on Malay Reservation was the Federation Malay State, FMS 1913 Enactment for the Federated Malay States of Pahang, Perak, Negeri Sembilan and Selangor with main purpose to control power of land alienation by the state and to protect the Malay land owners from selling their lands to non0Malays. After 20 years in force, it was further amended as FMS Enactment No 30 in 1933 and later amended in 1928 as FMC Cap142 which is still in force till today.

    On a Conference of the Residents of the four Federated Malay States held in 1908, the issue on the sale of Malay land was addressed for the first time. Due to poverty, the Malays sold or leased their lands to Non-Malays. The British representatives were alerted to the drastic increase of land sales initiated by Malay land owners to foreign immigrants. It was anticipated that such acts would inevitability affects the political power of the Malays. The British officials claimed that the declaration of Malay reservation land was aimed at protecting and preserving the right to land ownership of the Malays in Peninsular Malaysia.

    The declaration and reservation was not confined to the Malay reservation land but included several types of land which could only be owner or dealt over by Malays such as the Malay holdings, sultanate land, Malacca customary land, Malay agricultural settlements, the customary tenure of Negeri Sembilan and its Lengkongan. A proposal from R.J.B. Clayton, the then District Officer of Ulu Langat suggested that only the Malays were likely to form a permanent agricultural population and labour force in the Federated Malay States, thus their rights to the land should be protected. If not, it would defeat the main objective of the British policy to create a permanent agriculture population. The issues of Malay ancestral land sales reappeared at the Conference of Residents in November 1911. The four British Residents, the Chief Secretary and the High Commissioner unanimously agreed to pass a common Enactment applicable to all four Malay states. The enactment aimed at protecting Malay rights and ensures that they would not become homeless in their own country. The Enactment was passed and came into force on January 1st 1913.

    According to a data, there were 3.0 million hectares of Malay Reservation Land when the country became free of the British yoke in 1957. Now some 54 years down the road, the figure has been almost halved to 1.7 million hectares. Reports on the land ‘lost’ through land acquisition were disturbing. In Selangor for example, some 9,000 hectares of MRL were ‘lost’ through compulsory acquisition. Although the Federal Constitution requires State Authorities to replace every acre of MRL taken away through compulsory land acquisition, only about one – third of the 9,000 hectares have been replaced. In Kedah the 80 MRL owners have lost their land in Pantai Chenang Langkawi through compulsory acquisition in 1990 for the Pelangi Beach Resort.

    The same goes to some 167 lots totaling 1,000 acres in Kerpan to give way for aquaculture project with a group from Saudi Arabia. In Negeri Sembilan in 1994, more than 600 MRL owners in Rasah, lost 930 hectares to compulsory land acquisition for a massive development of Seremban 2. In Johor some 26,000 acres of MRL in Tanjung Langsat – Tanjung Piai were acquired by the state authority for a project developed by Kuok Brothers in collaboration with UEM Group. In Malacca some 300 acres of MRL in Kampung Pantai Kundur and Tanah Merah were acquired for ‘buffer zone’ of Petronas and in Terengganu some 300 acres of land were acquired for the developments of a resort. The big question now is has it been replaced as required by the law??

    The Malay Reservation Areas (MRA) in Klang valley were created under the Malay Reservation Enactment of 1913 and the Land Enactment of 1987. The objective of the legislation was to ensure that the Malays would be able to own land, especially in urban areas, and a provision of the enactment is that an MRA may not, either through sale or lease, be transferred to non-Malays.

  6. #6

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    Malay reserve land la

  7. #7

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    Reserve land for the Malays? No wonder those talented chinese and indian all dun wan to stay at mudland.

  8. #8

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    Reserve land for the Malays? No wonder those talented chinese and indian all dun wan to stay at mudland.

  9. #9

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    Quote Originally Posted by el loco View Post
    Reserve land for the Malays? No wonder those talented chinese and indian all dun wan to stay at mudland. you know which is the most popular destination for these talented Malaysian? Hahaha......they actually pricing out Singaporean to take over their wonder you are sore.
    “Be fearful when others are greedy. Be greedy when others are fearful.” - Warren Buffet

  10. #10

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    not surprising.
    “Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.”
    ― Martin Luther King, Jr.


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