BOHARI BIN TAIB & ORS V PENGARAH TANAH GALIAN SELANGOR [1991] 1 MLJ 343

BOHARI BIN TAIB & ORS V PENGARAH TANAH GALIAN SELANGOR


[1991] 1 MLJ 343

CIVIL APPEAL NO 01-36 OF 1990
SUPREME COURT (KUALA LUMPUR)
DECIDED-DATE-1: 27 DECEMBER 1990
LEE HUN HOE CJ (BORNEO), MOHAMED AZMI AND HARUN HASHIM SCJJ

Facts of the case


In this case the forefathers of the appellants and other unnamed occupiers were pioneer settlers of the agricultural land in dispute. The appellants alleged that between 1971 and 1976 they and the others made application to the state authority for titles of the said land. There was evidence by affidavit and documentary exhibits to show that the Selangor State Executive Council had approved the alienation of the said land to the appellants and other selected settlers and on 1 November 1980, a member of the State Executive Council confirmed the approval and assured them that they would be given titles to the said land. Following the policy of the state government that only genuine and landless farmers would be given the land, only temporary occupation licences (‘TOL’) were granted to the farmers, on the understanding that separate titles to the land would be issued provided they continued to cultivate the land and remained with landless status. The appellants contended that after the expiry of the TOL period in 1984, since they and the other farmers had satisfied the conditions imposed by the respondent they have acquired legal right or expectation to be issued with land titles. The respondent however thought fit to hand over the lands to the Federal Land Consolidation and Rehabilitation Authority (FELCRA). The respondent on behalf of the state government applied summarily under O 89 of the Rules of the High Court 1980 for possession of the land without even offering any compensation relating to the eviction of the appellants and others from the land. The question at issue was the propriety of the application of the said O 89 to the facts and circumstances of this case. The learned judge of the High Court allowed the application of the respondent and the appellants appealed.

Meanings of the underlined words.

forefathers nenek moyang
pioneer settlers peneroka tanah yang paling awal
state authority pihak berkuasa negeri
alienation of the said land pemberimilikan tanah itu
landless tidak mempunyai tanah
temporary occupation licences lesen pendudukan sementara
granted telah diberi
cultivate bercucuk tanam
acquired legal right or expectation telah memperolehi hak atau harapan di sisi undang-undang
applied summarily membuat permohonan secara terus
Eviction… from the land diusirkan dari tanah itu
propriety kewajaran
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