Almost a month has passed after the initial outrage over the case of a church being located in a commercial building.
I had pointed out the legal discrepancies that actually prevent the church from operating out of the shop lots, but I also cautioned that should the government choose to deny the church from using the premises or to confiscate the property as allowed by the law, they should be fair and apply the law fairly to all transgressors.
And I have just the perfect case for the government to start their enforcement action too.
To understand this case, let us look at a proposed development project that was approved for a land identified as Lot PT11 located in Taman Aman, Section 22 Petaling Jaya.
The project listed for Lot PT11, according to the 2005 plans approved by the (then) Petaling Jaya Municipal Council (MPPJ), are for 18-units of three-storey terrace houses.
Remember my argument about the need for ‘express conditions’ that govern how the land is used? Here’s a crash course again in case you are a new reader: if there is a condition listed on the land title, the land owner cannot use it for anything other than what it was intended for.
The Lot PT11 land title (see attachment) says that the land is meant for ‘rumah pangsa’, or high-rise apartments. That is very different from the planned terrace houses that the developer applied for and that MPPJ approved.
Based on the contradiction between the land title and the development approved by the local council, the Selangor government actually has to take action against the developer and the officers who approved it.
Now, I’m only making this argument to point out how the project could not have been approved at all based on what was written on the ‘express condition’ of the land title. I actually don’t recognise this land title to be valid at all because there are far too many irregularities on the land title itself.
For one, the header for the land title has really big words that say ‘Hakmilik Batal’, meaning the land titles are cancelled. You can read more about the discrepancies of the land titles in a previous article that I have written.
Official complaints on the project’s validity as well as the validity of the land titles have been filed by neighbouring residents, but the agencies tasked with taking action have yet to respond till today.