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„State Director‟ in section 5 of the Code includes a Deputy
Director of Lands and Mines.
[29] Pengarah Tanah dan Galian, Wilayah Persekutuan
v Sri Lempah Enterprise Sdn Bhd [1979] 1 MLJ 135 is
clearly distinguishable. The subject matter was not state
land. It was in respect of alienated land where title in
perpetuity had already been issued and registered in the
respondent‟s name. The issue in that case was whether the
Land Executive Committee of the Federal Territory had the
right to impose a condition pursuant to the respondent‟s
application for conversion and subdivision, that the
respondent would get back his titles, not in perpetuity but a
lease of 99 years. The respondent, being dissatisfied,
appealed to the High Court under section 418 of the Code.
Harun J allowed the appeal. The appellant appealed to the
Federal Court. The Federal Court dismissed the appeal
holding that the appellant had no power to make the
respondent give up its freehold title and receive in exchange
a 99 year lease.
[30] The burden of proof to establish bad faith is on the
appellant: see section 101 Evidence Act 1950, Yeap Seok
Pen v Government of the State of Kelantan [1986] 1
MLJ 449. Upon perusal of the appellant‟s affidavits, we find
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