Tutorial Question 1

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TUTORIAL QUESTION 1 (a) Who is the State Authority and explain briefly how the State Authority disposes

state land. (b) Developer A intends to develop a piece of land in Shah Alam, Selangor. The development proposal has been approved by the local authority but the developer has a problem of evicting squatters who are occupying the land. These squatters contend that they have been occupying the land for more than 30 years i.e. before the land was alienated by the State Authority to Developer A. They also claimed that the Chief Minister of Selangor has promised that the land will be alienated to them. They further argued that there is an implied consent from the State Authority for them to occupy the land since all the basic amenities are available in the area. You are the property manager for Developer A. Advise your company as regards to the status of these squatters and their rights.

TUTORIAL QUESTION 2 (a) Upon any breach arising of any condition to which alienated land is for the time being subject, the land shall become liable to forfeiture to the State Authority. (Section 127(1)(a) National Land Code, 1965) With reference to the National Land Code, 1965 and decided cases, explain how a breach of condition arises which would entitle alienated land to be forfeited to the State Authority. (b) Alaf Baru Sdn. Bhd.(Alaf) received a Notice in Form 6A in September 2001 from the Petaling Land Office demanding payment of the sum of RM 18,000, being unpaid rents in arears. In January 2002, Alaf tendered a sum of RM 9,000 to the Land Office but the clerk there refused to accept the sum. In March 2002, Alaf received Form 8A from the Land Office. Abdul Rahim, the director of Alaf, comes to consult you to act for Alaf in the matter. Alaf wants to sue the Land Office for not accepting the sum of RM9,000 that Alaf had wanted to pay in January 2002. Advise Alaf with reference to decided cases. PLEASE COME TO MY TUTORIAL WITH READY-ANSWERED TUTO QUESTIONS.

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