State govt’s decision to acquire lands quashed

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SANDAKAN: The High Court here quashed a decision by the state government to acquire three pieces of land situated in Sungai Seguntor here on March 26, 2010.Judge Yew Kie Kie allowed the judicial review application by the registered owner of the land, Ooman Chung @ Voo Man Chung, for an order of certiorari to squash the declarations of lands to be acquired under Section 3(2) of the Land Acquisition Ordinance all dated Aug 28, 2006, the Notices of Acquisition under Section 7(1) of the same Act, issued by the Land and Survey Department and also to quash the Sabah government’s Gazette Notification No. 349 of 2006 to gazette all the lands.

The High Court also granted an Order of Prohibition directed to the Lands and Survey Department and the state government, their servants and/or agents, prohibiting them from further proceeding with the intended plan to develop the said land and ordered costs to be paid to the land owner.

Yew when delivering the decision, said the applicant had established that the Land Acquisition Ordinance and the procedural impropriety due to non-compliance with Section 7(2)(3) of the Sabah Land Acquisition Ordinance.

Sharatha Masyaroh John Ridwan Lincon represented Ooman Chung.

The Lands and Survey Department director and the state government were the first and second respondents respectively, while CIMB Bank Berhad was the intervener.