Respondents want to strike out case

18/10/2002 The Sun By Maria J. Dass

Shah Alam: The respondents in a landmark case which will determine the status of leasehold land and the rights of its owners, especially in new villages, have applied to strike out the summons against them.

Sistem Lingkaran Leburaya Sdn Bhd (SILK), Sunway Holdings Inc Bhd, Sunway Construction Bhd and Selangor Land and Mines director will have their application to strike out the summons brought against them by 20 Kampung Sungai Chua residents, heard on Thursday.

In chambers yesterday, judge Datin Paduka Zaleha Zahari also granted the plaintiffs leave to amend the originating summons filed on Aug 9.

This will be followed by a hearing on the originating summons on the same day.

The first three respondents in their affidavit applied to strike out the summons based on the fact that the land belongs to the government and that the plaintiffs did not have a right to it.

The land and mines director is yet to reply to the originating summons and was told by Zaleha to do so together with their application to strike out the summons and serve it on the relevant parties before Tuesday.

The residents' amended originating summons asks the court to determine the following among others:

• That the plaintiffs have a valid hope of their land leases being extended by the land and mines director, after its expiry according to section 228 of the Land Code if they had fulfilled all their lease obligations;

• That the plaintiffs are entitled to automatic renewal of leases by the land and mines director when the lease period expires, according to articles 8 and 13 of the Federal Constitution;

• That the land and mines director is obligated to serve Borang K on the plaintiffs before formally obtaining the land;

• If the Sept 30, 2003 eviction notice is valid and necessary by the law; and

• That the plaintiffs have a right to stay on on their land while the Land and Mines director fulfils its obligation under section 22 of the Land Acquisition Act 1960.