Tuesday, September 4, 2012

High Court rules in favour of developer


GEORGE TOWN: A resident of Kampung Boundary 5 in Air Itam has to move out as the High Court has upheld a Sessions Court’s ruling that developer Bersatu Stabil Sdn Bhd is the registered proprietor of the village land.
Judicial Commissioner Mohd Amin Firdaus Abdullah yesterday dismissed the appeal by Surjan Singh against the lower court’s summary judgment on vacant possession.
On June 7, Sessions judge Zainol Rashid Hussain ruled that Bersatu Stabil is the registered land pro- prietor and entitled to the vacant possession as the company purchased the 1.6ha land at a cost of RM5mil.
Zainol Rashid had also dismissed Surjan’s application to obtain a stay of execution pending court proceedings.
Surjan then filed appeals against the two rulings on June 14.
Amin Firdaus dismissed both appeals and ordered him to pay costs amounting to RM6,000.
Counsel Karin Lim and Tan Wei Ceat represented Bersatu Stabil while Surjan, who was not present at the court yesterday, was represented by Hardeep Singh Jessy and Harcharan Singh.
Outside the courtroom, Tan said 90% of the 44 house owners at the village had since accepted compensation from the developer and moved out while the rest wanted to stay there.
It was reported that the residents who refused to vacate the village had filed suits separately, claiming that the ownership of their land was unlawfully transferred.
They had claimed that the land, which had been physically divided into 46 separate plots, was rented out to them since the 1960s until the respective plots were separately sold to them at different times. - The Star

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