PUTRAJAYA: The Court of Appeal here yesterday ruled that the notice issued by the Kuala Terengganu Land Office to a group of Kampung Banggol Donas residents in Manir to vacate the land they were occupying was valid and in accordance with the law.
A three-member panel chaired by Justice Datuk Lim Yee Lan said the land was state land because “Form K” for acquisition of the land for construction of the Jalan Jeram Tokong to Teluk Pasu road, had been released.
The panel had upheld the Kuala Terengganu High Court’s decision to dismiss the residents’ application to stay the notice dated Oct 8, 2013 under Section 425 of the National Land Code 1965, which was posted at their house compounds.
The panel which also comprised Justices Datuk Varghese George Varughese and Tan Sri Idrus Harun unanimously dismissed the appeal brought by five residents of the village – Abd Halim Mohd, Zulaidi Puteh, Mohd Endut, Md Sufian Mohd and Hasnah Othman.
Justice Lim, in her decision, also said since the land was state land, the residents did not have any right over the land and therefore the issue for a stay of the notice did not arise.
She (Justice Lim) said whatever issues on dissatisfaction of compensation should be decided through land referral proceedings and claims of intimidation by the residents should be made through a writ of summons and not by way of an originating summons which was done in this case.
She ordered the residents to pay RM5,000 in legal costs to the respondents, the Kuala Terengganu land administrator, the Kuala Terengganu land office and the Terengganu government.
On June 16, last year, the High Court dismissed the residents’ originating summons.
In their originating summons, the residents had sought, among others, for an order that the respondent’s action to issue the notice to the residents was invalid and cannot be enforced.
They also wanted an order that the respondents’ action to paste the notice was an abuse of power and they also sought for general damages.
The residents were represented by lawyer Yasin Aminuddin Anwar while senior federal counsel Shaharaliza Ab Razak acted for the respondents. — Bernama