Thursday, August 28, 2008

Vacant Possession-Immediate Action

I was in Tambun , Ipoh Perak last Monday tried to serve one eviction notice acting ob behalf of Majlis Agama Islam dan Adat Melayu Perak. I was earlier briefed that there are several illegal occupants at Majlis's wakaf land. From the brief and further studying the file, I found out originally the land belong to the State Government which was later granted and gazette as wakaf land to majlis. The original illegal occupant was paid quite substantial amount of money for compensation (not that I will agree with, if I were given this case at that time) and he left the land. Now, due to lack of attentive, a guy came and illegally occupied the land, he was asked to leave by the local committee or village head, he left after long hard discussion, but to majlis surprise, he then rent out the land to one party without majlis's consent or knowledge. This time the illegal occupant tries to play hard (or may be expecting some kind of compensation!). Now, majlis has no choice but to take legal action, here I am representing them.

Upon receiving complete papers and instruction, I immediately prepared and post a notice of eviction to the squatters. Last Monday I came personally together with the village head to reserve the notice at the premise. I was at the site at about 4pm. Surprisingly, the premises and other buildings were empty. Perhaps, they evacuate after receiving notice sent earlier by post. Save all the hassle!

So I recommend immediate action to be taken destroying all remaining building by this week, just to prevent any other person to re-occupy the buildings or that part of land. Today is Thursday, it has been 4 days and the majlis still doing nothing….huh. Frankly, I it would be better for me to file the suit in court (so that I can get my extra legal fee) but in view of 'majlis' and the interest of local community I believe my recommendation is for the best interest of all.

Now, one might ask on legal issue, whether a land lord can simply destroy the building of illegal occupant without taking order like what recommend in this case? The answer is simple, since the illegal occupants comply with the notice and vacate the land or building, we need not further trouble our self (or waste money) to proceed with legal proceeding in court. Just repossess the land or building, and this time prevent reentry of the illegal occupants. And in my case, destroying the building would be the best prevention!

Regards,

Kamarul Irzuan Bin Busu Piah, Advocate & Solicitor, High Court of Malaya, Malaysia.

1 comment:

  1. Mr..i am new chambering student in kedah..my master asked me to do some research regarding injunction. this is because we brought a case to magistrate then we lost the case..we are now appealing to high court..it is regarding the 2 prayers that submitted to the magistrate about vacant possession of a land and an injunction to demolish the building that built on it..is that vacant possession is not an injunction and demolish as an injunction..i think the judge was wrong because granted the 1 prayer because it is not an injunction and can be brought under lower court and reject the 2nd prayer because demolish as an injunction..those 2 order is injunction..how can it be..could you advise me ragarding this matter..

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