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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

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