The Applicants are the descendants of those claimed to be buried in 5 non-Muslim cemeteries ("Cemeteries") in Mukim Pengerang, Johor. On 19.7.2012, the Director of the Economic Planning Unit Johor wrote a letter ("Letter") purportedly conveying its decision ("Purported Decision") to relocate the Cemeteries to make way for the project called "Oil and Gas Hub" and the Land Administrator (District of Kota Tinggi) was seeking alternative sites to relocate the Cemeteries. The Applicants then challenged the Purported Decision in the High Court of Malaya in Johor.
Issue: Whether a decision has been made by the State Government of Johor?
The court's decision:
No.
"The contents of the documents merely concern plans for relocation and alternative sites based on safety considerations. It was especially important to note that particular lots had not been identified for the relocation exercise. This itself negatived the assertion that a decision in this connection had already been made by the 3rd Respondent. The Applicants had obviously failed to produce sufficient material facts and particulars pertaining to the decision that is sought to be impugned."
Citation:
Chong Chu Yet, Hong Thian Hwa, Chong Ah Sin & Lim Kui Hak v. Pentadbir Tanah Daerah Kota Tinggi, Pengarah Unit Perancang Ekonomi Negeri Johor & Kerajaan Negeri Johor [2013] 1 LNS 614
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