Without prejudice to any party I am giving my opinion for a solution to the residents who had been occupying the land for than a hundred years. It is a known fact of this occupancy.
The said land had been a "No Man's land" after the repeal of the Trusts foundation created by the Brown Family. The State issued a 99 years leasehold title on such land on application by some one.... may be the Senior Governments Co-operatives who had the "expertise and knowledge" of such use of the questionable land.
The said leasehold title was signed and issued by the Registrar of Titles on 27 .03.2008 with express conditions of "NO BUSINESS" purposes.
Any arrangement or Joint venture aggreements done prior to the said issuance of the title is therefore stands to be "null and void".
A High Court remedy namely:
a declaration to interpret purposes of the issuance of the said title;
an injunction restraining the developer's presence on the said land since they loose the Locus standi principle on account of the illegality, breaches of the terms of the lease land.
Facts of the case:
A company search on the Developer's business dealings and a certain caveat lodged by them at the Land's Registry could be a clear exibit for the court's verification.
The residents occupancy on the land is evidenced by documents such as Birth certificates, school certiificates, local authority house essessments and Temporary occuppying licenses for purposes of Locus standi principle.
The principles of "easements and rights of way or use" over a land is still a norm in the land administrative procedures. The residents therefore owns an equitable right since they had occupied the land 100's of years.
Premium of RM3.2 million paid by Co-operatives may be refunded or forfeited on account of breach of terms of the leasehold title which had been meant for members and not for any Business or profit purposes.
Looking at the issue I am of the opinion that a 99 years leasehold title thus has no market value of 100's of million of Ringgit and hence a "compensation" by the State for the breaches of the Co-oeratives society do not hold any water for a prudent rakyat.
Residents, please consult a good land's expert lawyer for immediate solution.
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