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10 APRIL 2024

Wednesday, March 29, 2023

Lawyer wants govt to set up task force to tackle land registry fraud

The lawyer in a suit against the government over a 50-year-old land acquisition case is urging the government to set up a permanent task force that can identify gaps in the system to prevent fraudulent practices in land registries.

R Kengadharan whose litigant was strong in the view that there were glaring irregularities in the acquisition of a portion of her land, said: “Corruption and abuse of power was a very complex thing.”

He said more was needed to be done to beef up the existing measures.

“Digitalising the system, thumb printing, and securing clear copies of the MyKad were good measures but there was a need to invent something beyond these measures.

“Although digitalisation has prevented a lot of manipulation and duplication, fraud can still set in because all one needs was to access the system.

“Unscrupulous individuals would only need to invent a mechanism to take advantage of the loopholes,” he explained.

Kengadharan (above) admitted that it was a daunting task that needed the involvement of stakeholders to first help identify the gaps in the system, and then tackle each land registry across the country. 

“The task force should also involve stakeholders like banks and developers who are very much involved in land acquisition matters,” he said.

His firm was tackling six land disputes across the country, mainly involving the illegitimate transference of property, forged signatures, and pledges of land titles. 

Nonagenarian sues govt for ownership 

Kengadharan’s litigant, Sandramadi Adaikan, 92, is hopeful the Temerloh High Court would mete out a verdict that would correct the mistakes of previous court findings.

The mother of 11 children, grandmother to 24, and great-grandmother to 10 children sued the Raub District Land administrator and the Pahang Land and Mines director for encroachment on a section of her land and for permitting that encroachment to take place. 

Sandramadi is also demanding to be declared the rightful owner of the entire property.

Sandramadi Adaikan

The encroachment is on a portion of this land occupied by a third party.

Although she continues to live in the house built on the front portion of the same land, she has not been able to fully utilise the entire parcel of land.

“The government is alleging that the acquisition of a portion of the land had taken place way back in 1953, but the requisition to the survey was issued in 1958, after a lapse of some five years.

“Under the Land Acquisition Act prior to 1960, the notice to acquire is only valid for 12 months.

“She is hopeful that this court will make a different finding to be consistent with the Act,” he said.

Sandramadi’s suit, which began at the Termerloh High Court, went in favour of the government but was sent back for a review by the Court of Appeal.

The hearing of the case is expected to commence on April 10 at the Temerloh High Court.

Her son, Maheswaran S Kandasamy, 62, told Malaysiakini last December of the elderly woman’s journey spanning more than 50 years spent trying to secure the 0.2ha parcel of land bequeathed to her by her father. - Mkini

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