Potensi keperluan perundangan khas yang berkaitan hak pemilikan tanah bagi pembangunan projek MRT

Abstract

MRT is a Government national project in improvising public transport in Klang Valley. This project directly entails with the development and the optimization of land use in line with the municipality itself. The use of land for the purpose of MRT, the MRT rail lines and others should be formulated clearly in order to protect the rights of MRT and could not be challenged in court. This is because the aforesaid development includes the construction of the station and MRT underground rail development along with the registered owner through a Memorandum of Understanding (mutual understandings) and construction on government land. The best protection for the MRT rights are through registered ownership. The issues that arises are there any appropriate form of land ownership for MRT. Land administrators need to refer to National Land Code (NLC) and review existing provisions, whether it is able to provide proper protection to the development and title (ownership) of MRT. If the existing NLC is able to protect the rights, the protection needs to be formulated and fit to be implemented by the parties involved. The difficulties of rules and laws under the NLC certainly affect the ownership and rights to MRT. This dissertation will accommodate MRT needs, requirements and the scope of land ownership in conjunction with existing legislation. The potential need for new legislation will also be examined to ensure that the legislation formulated in line with the existing legal framework of land law. The study will unveil comparison of the provisions of the existing NLC and potential of new legislation should be reviewed. The finding of this study appears that 100% of the respondent agreed with the current NLC, nevertheless be able to accomodate the aforesaid Project and 93% responded NLC should be reviewed. However, 100% responded the need to formulate of new legislation for the specific purpose of MRT development project. The advantage of this comparison allows stakeholders to adopt the existing legislation in protecting the interests of the MRT or there is need for the new legislation that affirm the right of ownership of MRT.