DIRECTOR OF FORESTS, SARAWAK & ANOR v. RACHA URUD & ORS AND OTHER APPEALS  5 CLJ 389
FEDERAL COURT, PUTRAJAYA
ARIFIN ZAKARIA CJ, HASAN LAH FCJ, ABU SAMAH NORDIN FCJ, AZAHAR MOHAMED FCJ, BALIA YUSOF WAHI FCJ
[CIVIL APPEALS No: 01-29-04-2015(Q), 01-28-04-2015(Q), 01-38-04-2015(Q),01-39-06-2015(Q) & 01-43-06-2015(Q)]
15 MARCH 2017
LAND LAW: Customary land – Native customary rights – Basis for rights and claims – Whether based on continuous occupation of land – Whether concept of continuous occupation an integral feature of native customary rights in Sarawak
LAND LAW: Customary land – Native customary rights – Abandonment of rights – Plaintiffs left ancestral lands and migrated to new settlement – No evidence of plaintiffs returning to lands after resettlement – Whether there was 'non-user' and abandonment of land
LAND LAW: Customary land – Native customary rights, claim for – Limitation – Logging activities on purported customary lands – Action filed 40 years after plaintiffs left ancestral lands and resettled elsewhere and 20 years after logging activities on land – Whether rights to land abandoned – Whether action time-barred – Public Authorities Protection Act 1948, s. 2 – Limitation Ordinance (Cap 49) Sarawak, item 96
GHAZALI MAT & YANG LAIN lwn. PENGARAH TANAH DAN GALIAN NEGERI TERENGGANU & SATU LAGI  5 CLJ 265
MAHKAMAH RAYUAN, PUTRAJAYA
MOHD ZAWAWI SALLEH HMR; VERNON ONG LAM KIAT HMR; ABDUL RAHMAN SEBLI HMR
[RAYUAN SIVIL NO: T-01(NCVC)(W)-287-08-2015]
12 JANUARI 2017
UNDANG-UNDANG TANAH: Hak milik – Pemberi milikan Tanah Kerajaan Negeri – Plaintif-plaintif dipilih menyertai rancangan penempatan berkelompok yang dimajukan dan ditadbir Felcra – Plaintif-plaintif diberi tanah untuk penanaman kelapa sawit – Plaintif-plaintif diberi tanah di rancangan lain sebagai ganti tanah rancangan asal bagi membolehkan penanaman semula – Sama ada plaintif-plaintif mempunyai hak atas tanah Kerajaan yang diwartakan sebagai Rancangan Pembangunan Persekutuan – Sama ada Majlis Mesyuarat Kerajaan Negeri mempunyai kuasa tersirat membatalkan pemberian hak milik – Sama ada plaintif-plaintif berhak diberi peluang untuk representasi dan didengar sebelum keputusan dibuat – Akta Tanah (Kawasan Penempatan Berkelompok) 1960, ss. 10(1)(b), 12
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