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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 />

however does not impose a deadline for registration. Prior<br />

to that there was no such requirement. The amendment<br />

was not intended to take away or curtail the power of the<br />

State Authority in dealing with its land as it is, in law, still<br />

state land until registration of title in the name of the<br />

appellant. It may, prior to registration decide to change or<br />

reverse its decision so long as it is done in the interest<br />

of the state or the public and made in good faith. Section<br />

80(3) which only came into force in 1984 was never<br />

intended to supercede section 78(3) of the Code.<br />

[27] It is apparent that even on the facts of the case<br />

alone, the appellant could not succeed. The sole authority<br />

on State land is the State Authority: see section 40 of the<br />

Code. The first respondent had to return the payment to<br />

the appellant as the State Authority refused to accept it and<br />

had decided to revoke the approval of alienation of the said<br />

land. Under the circumstances the first respondent could<br />

not therefore proceed with the issue of qualified title under<br />

section 80(3) of the Code. The first respondent‟s refusal to<br />

accept payment after keeping the cheques for about two<br />

weeks prior to the decision of the State Authority on<br />

7.4.2004 was understandable. The payment was made<br />

during the transitional period before the new State<br />

government was sworn in. This was not a case where the<br />

20

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