LAKMNS: ‘We’re the rightful owner of the land’

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Photo shows the land under the TOL at Lot 4308, Section 65, Kuching Town Land District that was given to the late Litu Sudat and to date is still vacant.

WITH reference to the article in The Borneo Post on Feb 8, 2015 ‘Cemetery caretakers upset with eviction order’, the Masjid Negeri Sarawak Charitable Trust Board (LAKMNS) states it is the rightful owner of Lot 192, Block 208, Kuching North Land District and has rights to deal with the said land. The late Litu Sudat and his family are not permitted to remain on the said land.

This is not the first time that LAKMNS has given them notice to move from the said land.

LAKMNS has had many meetings with the late Litu Sudat and his family members since the 1980s to move out from the said land. However, the late Litu Sudat and his family members have refused to move and sought compensation and assistance in relocation.

LAKMNS and the state government then assisted the family during the 1980s by granting Temporary Occupation Licence (TOL) land at Lot 4308, Section 65, Kuching Town Land District to the late Litu Sudat. However, to date the family of the late Litu Sudat still refuses to leave the said land despite the given TOL land and also monetary aid.

In 2013, following fruitless negotiations and persuasion for the family to leave the land, LAKMNS was forced to issue a notice to quit and deliver vacant possession to the family of the late Litu Sudat through their appointed lawyer on March 12, 2013.

During such stage, further substantial monetary aid was offered to assist them in moving out from the said land, however the offer was turned down by the family members of the late Litu Sudat. Ample time has been given since 2013 for the family of the late Litu Sudat to move out from the said land and they were well aware of LAKMNS’ request for them to move out from the said land since the 1980s.

As a result of their refusal to move out from the said land and turning down monetary aid after several meetings and negotiations, LAKMNS was constrained to resort to repossessing the said land through legal proceedings.

The magistrates’ court order dated May 9, 2014 under suit no KCH-24NCvC-5/9-2013 obtained by LAKMNS is to repossess the said land and the family members of the late Litu Sudat are to give possession of the said land back to LAKMNS.

Execution of the court order was carried out by the Court Bailiff on July 14, 2014; Sept 4, 2014; and Oct 2, 2014; to seek that the family members of the late Litu Sudat move out of the said land and possession of the land be given back to LAKMNS. The family of the late Litu Sudat still remained on the said land despite such court orders and notices from the Court Bailiff.

On compassionate grounds, the state government through the Housing Development Corporation further assisted by locating one flat unit for the family members of the late Litu Sudat. However, they still refused to move to the unit in the flat allocated to them. LAKMNS, as the rightful owner of the said land, is constrained to take further steps to safeguard its rights as the owner of the said land and the family members of the late Litu Sudat have been given ample notice from LAKMNS to move out from the said land through personal visits by LAKMNS’ representatives and appointed lawyer numerous times based on the court order on Jan 22, 2015 and Jan 31, 2015 whereby their last date to move out from the said land is on Feb 14, 2015.

Plan for Lot 4308, Section 65, Kuching Town Land District, which has been checked and verified by the Land and Survey Department.