Md Dahlan, Nuarrual Hilal (2016) Alienation of land for housing development projects in Malaysia and New South Wales, Australia: A comparative legal analysis. Malayan Law Journal, 1 (xliii). pp. 1-19. ISSN 0025-1283

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Abstract

The state authority in Malaysia has absolute power to alienate lands as prescribed in List II of the Federal Constitution and the National Land Code 1965 ('the NLC'). The state authority is not obliged to refer to the technical agencies and professional parties for views before making any decisions to alienate land or otherwise. Due to the absolute power to alienate land, there have been cases where state authorities have failed to exercise this power carefully, to the detriment of housing project developers. This failure to the extreme may contribute to the occurrences of many abandoned housing projects in Malaysia. This paper analyses this issue through a combination of qualitative case study, conventional legal research and comparative legal research methodologies. In respect of comparative laws, the author compares the rules and practices that are applicable in Malaysia and New South Wales, Australia, concerning the alienation of lands, to determine the advantages of New South Wales that can be learnt and adopted in Malaysia to avoid the occurrences of abandoned housing projects.

Item Type:	Article
Uncontrolled Keywords:	Alienation of Lands; Abandoned Housing Projects; Legal ksues; Malaysia; New South Wales, Australia
Subjects:	K Law > K Law (General)
Divisions:	School of Law
Depositing User:	Prof Dr Nuarrual Hilal Md Dahlan
Date Deposited:	14 Apr 2016 06:24
Last Modified:	06 Nov 2025 05:46
URI:	https://repo.uum.edu.my/id/eprint/17921

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