Johor govt to seize Malay land from non-Malays

[neddy]

Johor to seize Malay land from non-Malays

<cite class="byline vcard" style="font-style: normal; color: rgb(125, 125, 125); font-size: 12px; font-family: Georgia, Times, 'Times New Roman', serif; vertical-align: middle; line-height: 2.2em; display: inline-block !important;">New Straits Times – <abbr title="2014-11-19T00:15:39Z" style="border: 0px;">12 hours ago</abbr></cite>nt


NUSAJAYA: The Johor government will seize Malay reserve land which had fallen into the hands of non-Malays.

Menteri Besar Datuk Seri Khaled Nordin said several action plans would be enforced to seize land which rightfully belonged to Malays.

“This shows that we did not neglect our responsibility in defending or increasing the size of Malay reserve land,” he said to questions from Datuk Maulizan Bujang

(BN-Tiram), Ayub Jamil (BN-Rengit) and A. Aziz Ismail (BN-Senggarang) at the Johor state assembly sitting here yesterday.

However, he did not elaborate on what the action plans were nor the size of Malay reserve land which had changed hands.

Khaled said Johor had 432,157ha of Malay reserve land as of last September, compared with 87,536ha in 1957.

“In the Iskandar Malaysia economic region, the size of Malay reserve land is 23,517ha, compared to 1,921ha in 1957.

“These include land in Johor Baru and in Kulaijaya.

“This clearly shows that the acreage of Malay reserve land in the economic region has grown in size, and not the other way round.

“In fact, the size of Malay reserve land has grown by 12 times as compared to 1957,” he said.



Malaysia boleh

 

[shctaw]

Only idiot will go and buy "Malay reserve land".

The name of the land already tell you "it is for Malays only".

 

[jasonjst]

Only idiot will go and buy "Malay reserve land".

The name of the land already tell you "it is for Malays only".

Maybe buyers also dont know their house is sitting on MRL ?

Talking about that, just read this earlier. Even a seemingly ordinary land title with your name on it can cock up! This is the kind of stuff that happens in malaysia! pening kepala!

http://www.themalaysianinsider.com/m...ice-negligence

""A man who had his land acquired without his knowledge today lost all legal recourse to get justice when the Federal Court yesterday refused to grant leave for his appeal.

Ishmael Lim Abdullah, 53, will now have to vacate the 5,000 sqm land in Templer’s Park which he had been occupying for 40 years and get a miserly compensation of just RM6,000 – the amount that the government deposited to the courts in 1974 to acquire the property for a military school.

In a unanimous decision, the five-man panel – Tan Sri Ahmad Maarop, Tan Sri Hassan Lah, Datuk Zainun Ali, Datuk Seri Abu Samah Nordin and Datuk Ramly Ali – said Ishmael’s application did not make the threshold for leave to be granted.



The court also awarded cost of RM5,000 each to respondents the Federal Land Commissioner and the Gombak Land Office which failed to register the acquisition in the first place.
The ruling sends alarm bells to all land owners as it means land titles are not safe anymore and land owners will pay the price for negligence by the land office.

In Ishmael’s case, as the acquisition was not registered by the Gombak Land Office, his father did not realise he was buying encumbered property from a Singaporean in 1975. Even when the title was passed to Lim in 1992, the acquisition was not registered.

Lim was hoping that he would be paid compensation equivalent to the current market value of RM1.5 million.

But, as the appeal was dismissed, this means the offer in 1974 still stands.

This also means Ishmael who has spent close to RM100,000 in legal bills will only get RM6,000.

The Federal Court did not address the issue of the military college now moved to Putrajaya, hence the original intention for the acquisition is not valid.

There are fears that the land where Ishmael used to run a nursery will now be converted for commercial reasons.

Ishmael’s lawyer Trevor George De Silva pleaded that his client had been paying his quit rent diligently.

Prior to the appeal, the lower courts had heard that Singaporean Lim Cheng Kim did not know that the land had been acquired when she sold the land to Ishmael’s father.

When buying the land, Ishmael’s father made checks with the land office then which indicated it was without any encumbrances. Ishmael inherited the land in 1992 and the transfers were done at the Gombak Land Office.

He even charged the property to a bank for a loan in 1993.

On March 9, 2005, the Gombak Land Office issued him an eviction notice saying his land and 12 other plots have been acquired for the military college. Between 1993 and 2005, five land searches confirmed Ishmael as the registered owner of the property.

Ishmael took the Federal Land Commissioner and the Gombak Land Office to court on April 7, 2005, to challenge the eviction notice.

The High Court then ruled to keep things at status quo until Ishmael and the land administrators sort out the land issues.

In spite of this order, the Land Office proceeded to cancel Ishmael’s ownership of the land. But his name was reinstated after he filed contempt proceedings.

He eventually lost the High Court case and later at the Court of Appeal which held that the land acquisition process began in 1973 and was completed in 1974, hence the land belonged to the state.

The Court of Appeal ruled the previous owner, no longer has good title of the land. Therefore, the transfer of the land to Ishmael's father was null and void.

Notably, the Court of Appeal held that the enforcement of "Form K" to register the acquisition – a requirement under the National Land Code – was merely a formality and not fatal to the acquisition process.

The Court of Appeal also held that although Ishmael has been paying quit rent, assessment fee and was able to charge the land for a bank loan, it "does not prove that his title is indefeasible".

Speaking to The Edge Financial Daily, Ishmael said he had lost everything fighting for his rights.

“I did everything by the book.

“I have lost my home and incurred more debts. How is this right?” said a teary Ishmael. – The Edge Financial Daily, November 19, 2014.

- See more at: http://www.themalaysianinsider.com/malaysia/article/man-loses-home-due-to-gombak-land-office-negligence#sthash.6JLkCiC5.dpuf"

 

[RedsYNWA]

For a better understanding of the topic of Malay Reserved Land:- http://www.kptg.gov.my/?q=en/content/malay-reserves-enactment

Land that can be declared as Malay Reservation.

State Land
Reserved Forest Land
Land Reserved for a public purpose
Alienated Land

Conditions for Declaration

Only land that has not been developed or cultivated may be declared as Malay Reservation [Federal Constitution, Article 89 (2)].

If 100 hectare land is declared as Malay Reservation, an equal area of land of 100 hectare which has not been developed or cultivated shall be made available for general alienation to the general public including the Malays. [ Federal Constitution, Article 89 (2)]

If any part of the land ceases to be a Malay Reservation either wholly or only part of it, any other land in that State with a similar character and of area not exceeding the area of that land must be immediately declare as a replacement. Without replacement, the revocation is not valid [Refer to Article 89 (3), Federal Constitution].

Any land which is owned or occupied by a non-malay or which such a person has then any right or interest cannot be declared as Malay Reservation. [Refer to Article 89 (4) Federal Constitution].

 

[Despera]

Does this mean it is safer to purchase a condo unit instead of a landed property?

 

[Ambulance]

halo iskandar investment long zong kee chia leow boh

 

[gooddebt]

For a better understanding of the topic of Malay Reserved Land:- http://www.kptg.gov.my/?q=en/content/malay-reserves-enactment

Land that can be declared as Malay Reservation.

State Land
Reserved Forest Land
Land Reserved for a public purpose
Alienated Land

Conditions for Declaration

Only land that has not been developed or cultivated may be declared as Malay Reservation [Federal Constitution, Article 89 (2)].

If 100 hectare land is declared as Malay Reservation, an equal area of land of 100 hectare which has not been developed or cultivated shall be made available for general alienation to the general public including the Malays. [ Federal Constitution, Article 89 (2)]

If any part of the land ceases to be a Malay Reservation either wholly or only part of it, any other land in that State with a similar character and of area not exceeding the area of that land must be immediately declare as a replacement. Without replacement, the revocation is not valid [Refer to Article 89 (3), Federal Constitution].

Any land which is owned or occupied by a non-malay or which such a person has then any right or interest cannot be declared as Malay Reservation. [Refer to Article 89 (4) Federal Constitution].

means all land owned by non malays cannot be taken back ?

 

[RedsYNWA]

means all land owned by non malays cannot be taken back ?

Yes, protected by the Constitution, so long that the land was not illegally acquired by non-malays from Malays initially..... But of course, Constitution can change many years down the road, but I seriously doubt any govt will be that silly

 

[RedsYNWA]

halo iskandar investment long zong kee chia leow boh

Yah man......All properties in MY gone at the stroke of a pen..... Am contemplating jumping down from JB City Square to make a political statement......

 

[gooddebt]

yah man......all properties in my gone at the stroke of a pen..... Am contemplating jumping down from jb city square to make a political statement......

...lol....

 

[potter]

halo iskandar investment long zong kee chia leow boh

buai la, buy from good ah bang developers are quite safe. Especially got ah gong connection...:p

 

[Relaxman]

This MB is scaring away the investors..... my advise is all investors in Medini demand explanation from this guy! Those bought property there should also withdraw their interest as soon as possible.

 

[Narmi]

Hei add to that all Felda and Felcra land in jb will be considered and co-opted as MRL.

For a better understanding of the topic of Malay Reserved Land:- http://www.kptg.gov.my/?q=en/content/malay-reserves-enactment

Land that can be declared as Malay Reservation.

State Land
Reserved Forest Land
Land Reserved for a public purpose
Alienated Land

Conditions for Declaration

Only land that has not been developed or cultivated may be declared as Malay Reservation [Federal Constitution, Article 89 (2)].

If 100 hectare land is declared as Malay Reservation, an equal area of land of 100 hectare which has not been developed or cultivated shall be made available for general alienation to the general public including the Malays. [ Federal Constitution, Article 89 (2)]

If any part of the land ceases to be a Malay Reservation either wholly or only part of it, any other land in that State with a similar character and of area not exceeding the area of that land must be immediately declare as a replacement. Without replacement, the revocation is not valid [Refer to Article 89 (3), Federal Constitution].

Any land which is owned or occupied by a non-malay or which such a person has then any right or interest cannot be declared as Malay Reservation. [Refer to Article 89 (4) Federal Constitution].

 

[potter]

Bro Nami, u mean this?
http://themalaysianreserve.com/main...lcra-settler-owned-land-to-malay-reserve-land

 

[Ambulance]

Yah man......All properties in MY gone at the stroke of a pen..... Am contemplating jumping down from JB City Square to make a political statement......

halo liverfool robber fouler wu buay iskandar boh

 

[RedsYNWA]

halo liverfool robber fouler wu buay iskandar boh

Haha, I am actually going Anfield next week to watch Liverpool vs Stoke. Dunno got chance to see Fowler's 100 over houses in UK or not... hehe....

 

[Ambulance]

Haha, I am actually going Anfield next week to watch Liverpool vs Stoke. Dunno got chance to see Fowler's 100 over houses in UK or not... hehe....

halo liverfool kah kee choo mai lau kui hor

 

[malpaso]

Yah man......All properties in MY gone at the stroke of a pen..... Am contemplating jumping down from JB City Square to make a political statement......

haha... don worry la. this MRL issue i think will hardly affect most of the residential buyer. i am more worried about "bumi release lot" esp landed. don't know if in future the state can do any about-turn or not!

 

[RedsYNWA]

haha... don worry la. this MRL issue i think will hardly affect most of the residential buyer. i am more worried about "bumi release lot" esp landed. don't know if in future the state can do any about-turn or not!

Haha thanks Bro......... Do you need anything from Anfield?

 

[Narmi]

Bro Nami, u mean this?
http://themalaysianreserve.com/main...lcra-settler-owned-land-to-malay-reserve-land

Yes bro potter sir. That is quite cialak cos many felda and felcra land ah in name Bumi but in practice non-Bumi..and they doing stock take of all MRL am sure those non Bumi sitting on one using underhanded manner shd be worried . As for Bumi released lot, if officially released and proper shd not be a worry but hey this is bolehland. This reminds me of Bro Wuqi advice some time back to avoid Bumi lot where possible maybe there is a ring of truth to it when u see the current sentiment by the new MB and his protectionist policy.