Kuala Lumpur residents group files constitutional challenge against land acquisition law

The Kuala Lumpur Residents Action for Sustainable Development Association has filed a constitutional challenge in the High Court against provisions of the Land Acquisition Act 1960 that allow compulsory land acquisition for private development. The group argues the law lacks a meaningful pre-acquisi

PETALING JAYA (Oct 28): A Kuala Lumpur residents' group has filed a constitutional challenge against provisions allowing compulsory land acquisition for development involving private companies, arguing that owners lack a meaningful opportunity to contest an acquisition before the decision is made.

The Kuala Lumpur Residents Action for Sustainable Development Association (KLRA+SD) said its action in the Kuala Lumpur High Court challenges Sections 3(1)(b) and (c) of the Land Acquisition Act 1960. The association is seeking relief including declarations that the disputed provisions are invalid, citing concerns over property rights, procedural fairness and the limits of compulsory acquisition powers, Free Malaysia Today reported.

According to the report, the challenged provisions allow compulsory acquisition for purposes including economic development, residential and commercial projects, subject to statutory requirements. In a statement on Tuesday (Oct 27), KLRA+SD argued that the legislation lacked a meaningful pre-acquisition hearing allowing affected owners to object before a decision was made.

The association said this was contrary to natural justice and linked its complaint to Article 13(1) of the Federal Constitution, which provides that no person shall be deprived of property except in accordance with law. It also questioned the provisions' compatibility with Article 8(1), which guarantees equality before the law and equal protection under the law.

KLRA+SD argued that compulsory acquisition should serve genuine public purposes or the national interest, rather than facilitate private-sector gains under the guise of public benefit. The association's complaint concerns the opportunity to contest the acquisition decision itself, rather than the subsequent determination of compensation. It said safeguards for affected owners should extend beyond financial compensation to protect constitutional rights and ensure procedural fairness.

The action comes amid continuing debate over property-owner safeguards under the proposed Urban Renewal Bill. In a written parliamentary reply on Oct 20, Housing and Local Government Minister Nga Kor Ming said the proposed legislation would complement existing legal mechanisms, with an emphasis on consultation, participation and protection of owners' rights, EdgeProp reported on Oct 21. Although the Cabinet decided in January to withdraw the bill for improvements, the Oct 21 report said it had yet to be formally withdrawn from Parliament and remained on the order paper.

KLRA+SD said its legal action sought to ensure that compulsory acquisition powers remained subject to natural justice, equality and the rule of law.