MBEG 1053

Presentation Questions
Group 8

Section 53

(1): Land was alienated in 1901. The category of land was n

C 1965 Commencement Date: 1 Jan 1966

ction 53, implied conditions
Section 53
- Conditions affecting use of lands before
commencement until category of land use
imposed

Agriculture
Land Office
Title
Town Land

Village
Land

Country Land

Building
Registry Title
Town Land

Village Land

Case Law
Case Law referred:
1. Garden City Development Berhad v.
Collector of Land Revenue, Federal Territory
2. Le Hazen Resources Sdn Bhd v. Land
Administrator of Federal Territory Kuala
Lumpur

Land Reversion to the State

There are several circumstances for alienated land will
revert to the State in NLC Section 46(1).
S 46(1) NLC
(a) upon the expiry of the term (if any) specified in the document
of title thereto;
(b) upon the publication in the Gazette of a notice under section
130 (that is to say, a notice published on the making of an order
of forfeiture by the Land Administrator on the grounds of nonpayment of rent or breach of condition);
(c) in the circumstances mentioned in sections 351 and 352
(which relate respectively to the death of a proprietor without
successors, and the abandonment of title by proprietors); and
(d) upon the surrender thereof in accordance with the provisions
of Part Twelve

Part Twelve
Section 195 204
Section
Section 195 Power to aprove
Section 196 Conditions of approval
Section 197 Approval surrender of
whole

Surrender whole or
part
Surrender of whole

Section 198 Procedure of application

Section 199 Re-vesting of land
Section 200 Surrender part of land

Surrender of part

Section 201 Procedure of application

Section
202

Re-vesting part of land

Section 203 Application and procedure Surrender & reof Surrender and realienation
alienation
FORM 12C
Section
204 A-H

Procedure of re-alienation
& Special provision

Issue
Whether SA can change the title
condition upon submission of
surrender and re-alienation by Skudai
City Development.

Cases:
Pengarah Tanah & Galian, Wilayah
Persekutuan v. Sri Lempah Enterprise
Sdn. Bhd [1979] 1 MLJ 135
Ipoh Garden Berhad v. Pengarah
Tanah & Galian [1979] 1 MLJ 271

According to Section 204E(3) :

Provided that where the original title is a title in
perpetuity, the period for which the land is to be
re-alienated shall also be in perpetuity, and where
the original title is for a period of years, the period
for which the land is to be re-alienated shall not be
less than the remainder of the period of the lease
for which the land was held under the original title.
Pengarah Tanah & Galian, Wilayah Persekutuan v.
Sri Lempah Enterprise Sdn. Bhd. Suffian LP said
that:
conditions to be valid must fairly and
reasonably relate to the permitted
development.

In Ipoh Garden Berhad v. Pengarah Tanah &

Galian, Perak Raja Azlan Shah Ag. C.J. put his
judgement:
In my opinion, the present case falls to
be decided on well established principles and
they are to be found in the cases decided
under the (U.K.) Town and Country Planning
Acts. It is unfortunate that neither in the court
below nor in this court has reference been
made to any of them. The Acts empower
planning authorities to refuse
permission or to grant permission
unconditionally or to impose such
conditions as they think fit. On
principle and authority, the