bidang kuasa rayuan - Laman Web Rasmi Pejabat Ketua Pendaftar ...
bidang kuasa rayuan - Laman Web Rasmi Pejabat Ketua Pendaftar ...
bidang kuasa rayuan - Laman Web Rasmi Pejabat Ketua Pendaftar ...
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5<br />
10<br />
15<br />
20<br />
25<br />
such the State Authority had no power to revoke the<br />
approval for alienation.<br />
[25] Upon a close scrutiny of the Code, it appears that there<br />
is no express provision therein which prohibits the State<br />
Authority to revoke or withdraw prior approval of alienation<br />
of State land before the registration of a register document<br />
of title. The wording of section 78(3) of the Code tends to<br />
suggest that such provision is not necessary. The need to<br />
revoke has not arisen as the land is still state land by virtue<br />
of the said section. The contention that the State<br />
Authority cannot revoke the approval for alienation of state<br />
land once approved goes against the grain of section 78(3)<br />
itself. The power to revoke is implicit in that subsection<br />
itself. It is absurd to say that the State Authority has lost<br />
control over the land after alienation when section 78(3)<br />
plainly states that it is still its land until registration.<br />
[26] Section 80(3) of the Code cannot be read in isolation.<br />
It must be viewed against the whole scheme of the Code.<br />
The purpose of section 80(3), which was introduced in 1984<br />
by the National Land Code (Amendment) Act 1984 (Act<br />
A587) was to cut down unnecessary delay in the issuance of<br />
qualified titles once payment of the land revenue as<br />
specified in Form 5A had been made. Section 80(3)<br />
19