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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 />

that there is no evidence to support such allegation. It is<br />

based on suspicion or conjecture. The Code does not<br />

require the State Authority to give reasons for the said<br />

revocation. There is no express provision to that effect.<br />

Nevertheless, the second respondent in his affidavit-in-reply<br />

explained, among others, that the revocation was due to the<br />

need to maintain forest sustainability and this view was<br />

formed after having considered the various technical reports<br />

from the relevant departments. It must be noted that the<br />

land approved in principle for alienation was in fact a<br />

permanent forest reserve. The revocation such forest<br />

reserved land would in fact reduced the size of forest<br />

reserved land in the state, which could have adverse effect<br />

on the ecosystem and natural habitat in the state.<br />

Legitimate expectation<br />

[31] The basis of the appellant‟s contention that it had a<br />

legitimate expectation that qualified titles to the said lots<br />

would be issued is based on the facts that the State<br />

Authority had approved the alienation of the said land to it<br />

and that it had duly paid the sum due pursuant to Form 5A<br />

notices within time. Section 80(3) of the Code provides<br />

that upon payment of all fees the Registrar shall prepare,<br />

register and issue a qualified title in respect of the land. It<br />

23

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