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5 10 15 20 25 30 35 years under a previous land law (not being a law relating to mining)” When does alienation take effect under section 76 of the Code? Hashim Yeop A. Sani J (as he then was) in Dr. Ti Teow Siew & Ors v <strong>Pendaftar</strong> Geran-Geran Tanah, Selangor [1982] 1 MLJ 38 at page 39 said: “Section 78(3) of the Code determines when an alienation of State land take effect and it is clear from that subsection that alienation takes effect upon registration” [21] Abdoolcader F.J in Government of Negeri Sembilan & Anor v Yap Chong Lan & 12 Ors, Lesco Development Corporation Sdn Bhd v Yap Chong Lan & 12 Ors (“Lesco case”) [1984) 2 MLJ 123 at page 128 held the same view: “..... section 78(3) provides that the alienation of State land shall take effect upon the registration of a register document of title thereto pursuant to the provisions referred to in subsection (1) or (2), and notwithstanding that its alienation has been approved by the State Authority, the land shall remain state land until that time”. [22] In Rahmah bt Ali & Ismail bin Awang v Government of Pahang (High Court (Kuantan) Civil Suits No 436 and 456 of 1977) Razak J, dismissed the plaintiff‟s contention that the defendant could not revoke the approval of alienation after payment of premium and other fees had 16
5 10 15 20 25 30 been made. The defendant nevertheless withdrew its earlier approval and refunded the payment. Razak J said: “It is a fact that although the land had been approved for alienation, it had never been registered. The land, in other words, is still State land and the plaintiff‟s have no title to it. The defendant could therefore repossess it at any time they so choose”. The appellant however sought to distinguish the abovesaid case on the ground that section 80 of the Code at that time was different from the current section 80(3) of the Code and that the issue of legitimate expectation was not canvassed in that case. [23] In our judgment, all the abovesaid cases reaffirmed what the legislature had, in clear words, enacted that the lands remain as State land unless and until registration, or as in this case, until they are registered in the appellant‟s name. There is no doubt that the process of alienation had not been completed. The document of titles had not been issued to the appellant. Being state land, it is, by virtue of section 40(a) of the Code still vested solely in the State Authority. Section 48 of the Code makes it clear that no title to State land shall be acquired by possession, unlawful occupation or occupation under any licence for any period whatsoever. It is immaterial whether the appellant had 17
Page 1 and 2: 5 10 15 20 25 30 35 40 45 DALAM MAH
Page 3 and 4: 5 10 15 20 25 the land, which is th
Page 5 and 6: 5 10 15 20 25 [6] The application f
Page 7 and 8: 5 10 15 20 25 30 35 40 45 MUKIM HUL
Page 9 and 10: 5 10 15 20 25 30 35 40 applicants w
Page 11 and 12: 5 10 15 20 25 30 35 40 45 DENGAN TA
Page 13 and 14: 5 10 15 20 25 (e) Damages; (f) Exem
Page 15: 5 10 15 20 25 30 35 is mandatory in
Page 19 and 20: 5 10 15 20 25 such the State Author
Page 21 and 22: 5 10 15 20 25 previous state govern
Page 23 and 24: 5 10 15 20 25 that there is no evid
Page 25 and 26: 5 10 15 20 25 30 [34] What the appe
Page 27 and 28: 5 10 15 20 25 [38] There is ample a
Page 29 and 30: 5 10 15 20 25 [42] Similarly, in th

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