Lawyer launches book on challenging land acquisition

 Rosli Dahlan says the book aims to educate the public about their rights to challenge state land acquisition decisions.

(From left) Rosli Dahlan, Azalina Othman Said, Farah Shuhadah Razali and Amiratu Al Amirat at the launch of ‘Challenging Land Acquisition in Malaysia’ at the Asian International Arbitration Centre in Kuala Lumpur today.

KUALA LUMPUR:

A senior lawyer has written a book examining the state governments’ powers to acquire land and the legal avenues available to challenge such decisions.

Rosli Dahlan launched “Challenging Land Acquisition in Malaysia” at the Asian International Arbitration Centre here today, alongside his co-authors and legal partners, Farah Shuhadah Razali and Amiratu Al Amirat.

The book examines the constitutional and statutory basis for land acquisition under the Land Acquisition Act 1960, the procedures governing the process, and the legal avenues available to property owners who wish to challenge acquisition decisions.

Rosli, a partner at RDS Advocates & Solicitors, said he was inspired to write the book by the need to inform the public of their rights when the government seeks to acquire their land.

He cited Articles 13(1) and 13(2) of the Federal Constitution, which protect the right to property by stipulating that no person may be deprived of property save in accordance with the law, and that compulsory acquisition must provide adequate compensation.

“Just because the state wants land and there is an Act allowing it to acquire that land, it doesn’t mean it can do so willy-nilly. It has to follow the proper procedures.

“I consider this important because property ownership is a fundamental right,” he told reporters.

Law and institutional reform minister Azalina Othman Said, who officiated the book’s launch, said policymakers involved in shaping the country’s development should give greater consideration to land acquisition issues.

She acknowledged that compulsory land acquisition was sometimes necessary to facilitate development for the public good, but said the exercise of such powers must remain open to challenge.

“It is important to recognise that these interests need not conflict. Development and constitutional safeguards can and must coexist.

“Challenging the exercise of power is not an act of disloyalty. Rather, it is an essential part of the rule of law,” she said. - FMT