Latest news with #NationalLandCode1965
New Straits Times
17-07-2025
- New Straits Times
Quarry operator fined RM100,000 for illegal sand extraction in Raub
RAUB: A quarry operator has been fined RM100,000 by the Sessions Court here after pleading guilty to the unlawful extraction of sand from government land near Sungai Ara, Mukim Gali, two years ago. Chang Chee Onn, 67, entered the plea before Judge Noor Zaihan Mohamad Ali, who also ordered six months' imprisonment should he fail to pay the fine. The court further ordered the forfeiture of two tipper lorries and an excavator seized at the scene. According to the charge sheet, Chang unlawfully extracted rock material — namely sand — from state government land at Sungai Ara at 2.45pm on Dec 9, 2023. The offence, framed under Section 426(1) of the National Land Code 1965, carries a maximum penalty of RM500,000, up to five years' imprisonment, or both. Under Section 426C(3) of the same Act, the court may order the forfeiture of any seized equipment if it is satisfied that an offence under Section 426 has been committed. Prosecuting officer Muhammad Taqiuddin Azizan from the Pahang Enforcement Unit (UPNP) led the prosecution. Chang was unrepresented. In mitigation, Chang told the court he had no fixed income and was the sole breadwinner for his wife and child. Taqiuddin urged the court to impose a deterrent sentence, citing the gravity of the offence and the fact that Chang had encroached onto government land. "The Pahang government suffered financial losses and received no royalties from the extraction of mineral resources, which would otherwise have been collected through licensed sand mining," he said, adding that the prosecution also sought forfeiture of all vehicles seized during the raid. Noor Zaihan imposed the RM100,000 fine with a default sentence of six months' imprisonment and allowed the prosecution's application to forfeit the seized vehicles. Chang later paid the fine. According to the facts of the case, UPNP officers arrived at the location to find Chang directing his workers to carry out sand extraction outside the permitted area. The lorry drivers and the excavator operator fled the scene.
New Straits Times
17-07-2025
- New Straits Times
Court finds Selangor land office negligent, orders RM1.1mil award for land fraud victim
SHAH ALAM: A senior citizen was awarded more than RM1.1 million in damages by the High Court here after falling victim to a land scam involving an impostor who fraudulently sold him a property using a fake identity card. Judicial Commissioner Indra Nehru Savandiah ruled in favour of Ng Kin Song @ Ng Thian Song, finding that negligence and statutory breaches by the Selangor Land and Mines Department and the Klang Land Office had enabled the fraudulent transaction. According to court documents, Ng unknowingly purchased a parcel of land in the Klang district in 2016 from an individual impersonating the rightful owner, Yeoh Ah Guan. The actual Yeoh only discovered the fraud when he visited the Klang Land Office on Aug 30, 2018, to pay quit rent and found that the land had been transferred to Ng's name. He lodged a private caveat on Sept 5 of the same year. On Sept 14, 2018, Ng was informed by the police that he had unknowingly purchased the land from an impostor, and that the real Yeoh was never involved in the transaction. Ng later filed a lawsuit naming, among others, the Selangor Land and Mines Department, the Klang Land Office, and the state government as defendants, claiming they had breached their statutory duties under the National Land Code 1965 and acted negligently by issuing the computerised title document (DHKK title) on May 8, 2017. The defendants denied the plaintiff's allegations, arguing that their role was purely administrative and that there was no evidence to show they had acted in bad faith. They further contended that it would be unfair to hold them liable for negligence over the fraudulent transaction involving the 13th defendant's land, as they were not directly involved in any fraudulent conduct. The court, however, disagreed with the defendants on the grounds that the state authorities failed in their legal and procedural duties, resulting in two concurrent titles being issued for the same piece of land. "It is an undisputed fact that the land office failed to follow its standard operating procedure by issuing a computerised DHKK title without retrieving the manual title from the Yeoh. "Yeoh was never informed to surrender his original manual title to the land office. Schedules 14 and 16 of the National Land Code 1965 have been compromised by the land office. "The land office did not explain why they failed to notify Yeoh to surrender his manual title in exchange for the computerised DHKK title," Indra said in her judgment dated April 30 this year. The court said Ng's purchase of the land in 2016 was made in good faith, based on standard legal procedures, including a land search, but was later found to be based on false documentation submitted by the impersonator. The court further took issue with the land office's refusal to disclose the identities of staff members who had processed the fraudulent transaction. "It is important to note that the Klang Land Office's refusal to disclose their personnel's names to the plaintiff constitutes bad faith conduct." Indra said the defendants could not rely on statutory immunity to escape liability for their mismanagement and failure to act on red flags. "They cannot rely on Section 22 of the National Land Code 1965 to avoid the consequences of the mess they have caused, which ultimately resulted in an innocent man losing ownership of his land and another elderly man losing his money over a fraudulent transaction involving the same land. "The simple failure to follow the statutory requirements under the National Land Code 1965 to keep accurate records constitutes a breach of the common law duty of care," she added. The court awarded Ng RM1,188,631 in special damages, with general, aggravated, and exemplary damages to be assessed. The defendants were also ordered to pay RM30,000 in costs and five per cent annual interest until full settlement. Yeoh's counterclaim to be declared the rightful owner of the land was also allowed. The defendants have since filed an appeal at the Court of Appeal against the High Court's decision.
The Star
03-07-2025
- Business
- The Star
Speed Selangor policy to kick off in October
Amirudin (second from left) checking out the Sepang Municipal Council Draft Local Plan 2035 (Amendment) display in Cyberjaya. — LOW BOON TAT/The Star BUSINESSES in Selangor can look forward to shorter approval times for planning permits when the Speed Selangor policy is implemented in October. Selangor Mentri Besar Datuk Seri Amirudin Shari said the policy was expected to accelerate business and investment related approval time for planning permits in designated industrial areas to just one month or less. At present, such approvals can take up to three-and-a-half months. He said the policy was a combination of similar initiatives carried out at the local authority level. 'Now we are combining everything, placing it under one framework and we will adopt it across the board,' he said during a press conference after launching the Publicity and Public Participation Programme for Sepang Municipal Council Draft Local Plan 2035 (Amendment) at Semarak Hall in Cyberjaya. Amirudin said the state government had started internal training and trial sessions in preparation for the kick-off. 'Everything is ready. We could have implemented it on July 1 or even Aug 1, but I just wanted to test it out first. 'Our officers are undergoing training for its implementation.' He also said that the policy would have a platform for public complaints, as part of efforts to enhance the state's service delivery. Separately, Amirudin said the state would form a special task force to combat illegal dumping, a widespread problem in Selangor, with Dengkil, Kajang and Hulu Selangor among the badly affected areas. He said the problem of illegal dumping was connected to land and enforcement matters. As such, Amirudin said joint action was needed to address the issue. He said present enforcement efforts followed the National Land Code 1965, which limited the state's ability to act swiftly against offenders. 'We need to respond quickly to public complaints. 'Action needs to be taken not only against the illegal dumping ground operators; landowners should also be held accountable for illegal activities on their property,' he said, adding that the state had spent millions of ringgit to clean up sites after land was confiscated due to illegal dumping. However, procedural hurdles remained a challenge, Amirudin said. 'There was a case where the court overturned our action in confiscating the land, saying the notice period was insufficient. 'This shows we must restructure our legal framework to ensure stricter penalties, including higher fines and the ability to confiscate land more effectively,' he said.
New Straits Times
24-06-2025
- Business
- New Straits Times
Land registered under Daim, Mahathir, Musa, Sanusi transferred to Umno
KUALA LUMPUR: The High Court here today ordered the transfer of a 9,723sq m parcel of land in the capital to Umno. The order was issued by Judge Roz Mawar Rozain after Umno's counsel, Datuk Mohd Hafarizam Harun, informed the court that Umno and the Federal Territory Land and Mines Office had reached a settlement for the land to be transferred. In her consent judgment, Roz Mawar said the property, identified as Grant 78154, Lot 40, Section 51, Kuala Lumpur and registered under (Tun) Daim Zainuddin, Datuk (now Tun) Musa Hitam, Datuk Seri (now Tun) Dr Mahathir Mohamad and Datuk Seri (later Tan Sri) Sanusi Junid as trustees, was held in trust for the benefit of Umno. "The land registered under the names of the trustees shall be vested and registered under Umno with full rights, interest and ownership in accordance with Section 9(b) of the Societies Act 1966. "The Federal Territory Registrar of Titles or Land Administrator must execute and register the vesting of the said land within 30 days, pursuant to Section 420 of the National Land Code 1965," she said. Speaking to reporters later, Hafarizam said the land was better known as the site of the Seri Pacific Hotel. "With this order, all issues surrounding the ownership of (the hotel) are resolved," he said. On the trustees' alleged refusal to transfer ownership, Hafarizam said the court's order put the matter to rest. "This ruling renders the ongoing polemic over whether the trustees signed the transfer moot. The court granted our application with the Land and Mines Office's consent, allowing the property to be transferred from the four trustees to Umno," he said. He added that the order takes effect immediately and must be implemented within 30 days. On March 6, Umno executive secretary Datuk Mohd Sumali Reduan filed an originating summons naming the Federal Territory Land and Mines registrar as the sole defendant. In the suit, Umno sought a court order for the ownership of the land to be transferred to the party pursuant to Clause 27.1 of Umno's Constitution and Section 9 of the Societies Act 1966. Umno also asked that the Federal Territory Registrar of Titles or Land Administrator execute the transfer by entering a memorial in the land title document. In his supporting affidavit, Sumali said that based on Form Schedule 17, an application for consent to transfer dated Oct 27, 2015, had been signed by all four trustees, along with a statutory declaration dated Oct 22, 2015. "Two of the trustees have since passed away — Sanusi on March 9, 2018, and Daim on Nov 13, 2024. Daim's death was widely reported across offline and online platforms, including social media, news portals, newspapers, radio and television," said Hazira. Sumali added that Umno's office bearers, including its president, deputy president and secretary-general, had agreed via a statutory declaration dated Dec 10, 2015, to re-register the land under the party's name.
The Star
02-06-2025
- General
- The Star
‘Illegal dump beside substation worrying'
The dumpsite located next to the TNB main substation (right) and Bukit Jalil Highway. — Photos: LOW LAY PHON/The Star AN illegal dumpsite along Bukit Jalil Highway is raising concerns as it is located next to a Tenaga Nasional Bhd (TNB) main substation. Bukit Jalil Fire and Rescue Station chief Mohd Azhar Harun said the site's close proximity to TNB cables and pylons was worrying. 'If a fire breaks out at the dumpsite, it might spread next door and turn into an electrical fire which is more dangerous and difficult to extinguish. 'Unlike conventional fire-fighting methods, we will need to use foam to put out the fire if nearby electrical components are affected. 'Furthermore, there is also no water source around the area,' he told StarMetro. Mohd Azhar said he had also received complaints from firefighters about mosquitoes in the vicinity. 'Our quarters are located in between the fire and rescue station and the dumping site. Mohd Azhar says complaints to the authorities about the illegal dumpsite have not been acted on. 'From there, we can see that rubbish is being dumped behind, which is very near to a river tributary,' he said. From the top floor of the 10-storey quarters, StarMetro saw piles of rubbish stacked up. Another pile was scattered behind, next to the river. According to firefighters at the station, lorries could be seen dumping rubbish while some vehicles were spotted collecting the rubbish. Mohd Azhar said he had highlighted the matter to Kuala Lumpur City Hall (DBKL), the Environment Department (DOE), and Federal Territories of Kuala Lumpur Lands and Mines Office (PTGWP) since last year but not much had been done. A letter from PTGWP dated March 11, to the Fire and Rescue Department Station chief, stated an investigation on March 6 determined the dumpsite was operating illegally. It also stated an eviction notice was issued to the owner on Sept 11, 2024, for occupying state land unlawfully under Section 425(1) of the National Land Code 1965. When contacted, PTGWP reiterated the site had been issued an eviction notice. However, no enforcement action had been taken since. DBKL in a letter on March 25 said no investigations were conducted as they could not find the precise location of the dumpsite. StarMetro had reached out to DBKL several times for comments but had received no response at press time.
