KUALA LUMPUR: Selangor Mentri Besar Tan Sri Abdul Khalid Ibrahim and six others succeeded in their bid to strike out a civil claim by two housing developers against them for alleged wrongful conduct in acquiring their land.
High Court Judicial Commissioner Rosilah Yop held that the claim should have been filed through the judicial review application.
JC Rosilah ordered two developers – LBCN Development Sdn Bhd and Mujur Zaman Sdn Bhd – to pay RM28,000 to the defendants in total costs.
Khalid and six others had applied to strike out the suit on grounds that the claim was frivolous and an abuse of court process.
Speaking to reporters here, the developers’ lead counsel B. Thangaraj said the judge struck out the suit as it involved public law matters.
“(The court ruled that) it should be filed via judicial review and not civil suit,” he said.
Thangaraj said they would appeal against the court ruling as the case was not decided after a full trial.
The developers named Khalid (in his personal and official capacity), Selangor Land and Mines director, Selangor Registrar of Land Title, Kuala Selangor Land Administrator, Selangor government and Mentri Besar Selangor Incorporated as defendants.
They sought for various declarations and claimed RM5bil in damages.
The developers’ co-counsel Azad Bashir said LBCN claimed for the return of 555.4ha of land in Ijok allegedly forfeited and/or acquired by the state government while Mujur Zaman’s case involved 764ha of land in Ijok.
In the statement of claim filed on Feb 21, the two developers, among others, claimed that Khalid exceeded his authority and acted in bad faith over the land.
They sought for a declaration that the decision by the Selangor government and Kuala Selangor land administrator to acquire land in Ijok was invalid.
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