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Extent of liability and responsibility of state authority in the alienation of lands for housing development projects in Malaysia: A case study of abandoned housing projects

The power to alienate lands is given to the State Authority pursuant to the provisions under the Malaysian Federal Constitution and the National Land Code 1965 (NLC).There are cases that the alienation of lands for housing development have not been carefully and professionally executed by the State...

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Main Author: Md Dahlan, Nuarrual Hilal
Format: Conference or Workshop Item
Language:English
Published: 2012
Subjects:
K Law (General)
Online Access:http://repo.uum.edu.my/6511/1/Nu1.pdf
http://repo.uum.edu.my/6511/
http://rimc.uum.edu.my
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spelling my.uum.repo.65112012-12-30T07:58:57Z http://repo.uum.edu.my/6511/ Extent of liability and responsibility of state authority in the alienation of lands for housing development projects in Malaysia: A case study of abandoned housing projects Md Dahlan, Nuarrual Hilal K Law (General) The power to alienate lands is given to the State Authority pursuant to the provisions under the Malaysian Federal Constitution and the National Land Code 1965 (NLC).There are cases that the alienation of lands for housing development have not been carefully and professionally executed by the State Authority.Due to this, unsuitable locations of land have been alienated to applicant housing developers.In the course of developing the housing projects, the developers faced a huge problem when they discovered that the lands are not suitable for housing development and that to proceed with the development to completion, they required additional substantial fund. This problem might lead to the abandonment of the project. Further, it is also evident that the State Authority have appointed certain unqualified and incapable housing developers to carry out housing development.Because of the developers' incapability the due progress of the project development might be affected and to the worst scenario, the project might be abandoned by the developers.The ultimate aggrieved parties are the purchasers themselves. They have to face all the calamities because of the housing abandonment.This paper aims to highlight this issue and problem relating to the problem in the alienation of land for housing development by the State Authority.The research methodology used in this paper is a composite of the legal research methodology and the social research methodology. This paper finds that the problems in the alienation of land for housing development projects may originate from the wrong and insufficient decisions carried out by the State Authority.Due to this, the State Authority can be said as having breached the fiduciary duties and the procedural and substantive legitimate expectation that it owed towards the public.In the final part of this paper, the author suggests certain approaches to overcome this problem. 2012-11-06 Conference or Workshop Item PeerReviewed application/pdf en http://repo.uum.edu.my/6511/1/Nu1.pdf Md Dahlan, Nuarrual Hilal (2012) Extent of liability and responsibility of state authority in the alienation of lands for housing development projects in Malaysia: A case study of abandoned housing projects. In: 3rd International Soft Science Conference (ISSC) 2012, 6-8 November 2012, Phnom Penh City, Cambodia. http://rimc.uum.edu.my
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Institutionali Repository
url_provider http://repo.uum.edu.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Md Dahlan, Nuarrual Hilal
Extent of liability and responsibility of state authority in the alienation of lands for housing development projects in Malaysia: A case study of abandoned housing projects
description The power to alienate lands is given to the State Authority pursuant to the provisions under the Malaysian Federal Constitution and the National Land Code 1965 (NLC).There are cases that the alienation of lands for housing development have not been carefully and professionally executed by the State Authority.Due to this, unsuitable locations of land have been alienated to applicant housing developers.In the course of developing the housing projects, the developers faced a huge problem when they discovered that the lands are not suitable for housing development and that to proceed with the development to completion, they required additional substantial fund. This problem might lead to the abandonment of the project. Further, it is also evident that the State Authority have appointed certain unqualified and incapable housing developers to carry out housing development.Because of the developers' incapability the due progress of the project development might be affected and to the worst scenario, the project might be abandoned by the developers.The ultimate aggrieved parties are the purchasers themselves. They have to face all the calamities because of the housing abandonment.This paper aims to highlight this issue and problem relating to the problem in the alienation of land for housing development by the State Authority.The research methodology used in this paper is a composite of the legal research methodology and the social research methodology. This paper finds that the problems in the alienation of land for housing development projects may originate from the wrong and insufficient decisions carried out by the State Authority.Due to this, the State Authority can be said as having breached the fiduciary duties and the procedural and substantive legitimate expectation that it owed towards the public.In the final part of this paper, the author suggests certain approaches to overcome this problem.
format Conference or Workshop Item
author Md Dahlan, Nuarrual Hilal
author_facet Md Dahlan, Nuarrual Hilal
author_sort Md Dahlan, Nuarrual Hilal
title Extent of liability and responsibility of state authority in the alienation of lands for housing development projects in Malaysia: A case study of abandoned housing projects
title_short Extent of liability and responsibility of state authority in the alienation of lands for housing development projects in Malaysia: A case study of abandoned housing projects
title_full Extent of liability and responsibility of state authority in the alienation of lands for housing development projects in Malaysia: A case study of abandoned housing projects
title_fullStr Extent of liability and responsibility of state authority in the alienation of lands for housing development projects in Malaysia: A case study of abandoned housing projects
title_full_unstemmed Extent of liability and responsibility of state authority in the alienation of lands for housing development projects in Malaysia: A case study of abandoned housing projects
title_sort extent of liability and responsibility of state authority in the alienation of lands for housing development projects in malaysia: a case study of abandoned housing projects
publishDate 2012
url http://repo.uum.edu.my/6511/1/Nu1.pdf
http://repo.uum.edu.my/6511/
http://rimc.uum.edu.my
_version_ 1644279298922643456
score 13.211869

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