THE PALACE OF JUSTICE CIVIL APPEAL NO. P-02-2074-2011 ...

ut on purpose: out of necessity, as the original layout plan was
prepared and submitted on the understanding that the developer
would obtain the consents of all the neighbouring landowners that
there would be some degree of encroachment into their lands (in the
form of some slope cutting on their lands); but it turned out that one of
the owners of the neighbouring lots (lot 495) had refused to give
consent. As a result of the refusal of the owner of lot 495 to give
consent to the cutting of the slopes on his land, on the advice of the
project engineer (the party responsible for the design of the plan and
supervision of works in the project pertaining to roads, drainage and
earthworks), the original layout plan had to be amended to reflect the
true road and drainage works that were carried out. The amended
layout plan was submitted on 7 August 1997 and approved by MPSP
on 5 August 1999.
Now, going back to the SPA, Clause 7.03 of the SPA provides –
Section 7.03 Vendor to procure the issue of certificate of fitness for
occupation.
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