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6 th HAWAII INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES 29 May 2007 – 2 June 2007 Wakiki Beach Marriot Resort, Honolulu, Hawaii, USA LAND AVAILABILITY FOR NEW TOWN DEVELOPMENT IN MALAYSIA: EXPLAINING LANDOWNER BEHAVIOUR IN LAND ACQUISITION USING HUMANISME APPROACH Associate Professor Dr Ismail Bin Omar Norhidayah Binti Md.Yunus Centre for Real Estate Studies (CRES) Faculty of Geoinformation Science and Engineering, Universiti Teknologi Malaysia, 81310 Skudai, Johor, Malaysia [email protected] [email protected] ABSTRACT This paper seeks to examine the behaviour of affected landowners in the land acquisition for development of a new town center in Johor, Malaysia. There are errant landowners who refused to move out of the land for many reasons. In investigating the sources of refusal, the study looks into the applicability of humanisme approach and the way the problems had been identified and solved. According to humanisme, there are roles, motives, strategies, interest and actions of key actors that affect their decision in constraining the flow of land supply for new town development. Landowners for example, are diversed. Their motives, strategies and actions are different. With diversity in nature, landowners view their land differently. As a result, landowners may restrict the flow of land to the new town development. In this study data will be gathered through interview with the affected landowners. Data collected will then be analysed qualitatively to identify and classify the elements of the landowners behaviour. The main finding is that landowners play important roles in restricting the supply of land for development. Therfore, solution to the land supply constraint
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Page 1: Paper Conference Hawaii 2007

6th HAWAII INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES

29 May 2007 – 2 June 2007

Wakiki Beach Marriot Resort, Honolulu, Hawaii, USA

LAND AVAILABILITY FOR NEW TOWN DEVELOPMENT IN MALAYSIA:

EXPLAINING LANDOWNER BEHAVIOUR IN LAND ACQUISITION USING

HUMANISME APPROACH

Associate Professor Dr Ismail Bin Omar Norhidayah Binti Md.Yunus

Centre for Real Estate Studies (CRES)Faculty of Geoinformation Science and Engineering,

Universiti Teknologi Malaysia, 81310 Skudai,Johor, [email protected]

[email protected]

ABSTRACT

This paper seeks to examine the behaviour of affected landowners in the land acquisition for development of a new town center in Johor, Malaysia. There are errant landowners who refused to move out of the land for many reasons. In investigating the sources of refusal, the study looks into the applicability of humanisme approach and the way the problems had been identified and solved. According to humanisme, there are roles, motives, strategies, interest and actions of key actors that affect their decision in constraining the flow of land supply for new town development. Landowners for example, are diversed. Their motives, strategies and actions are different. With diversity in nature, landowners view their land differently. As a result, landowners may restrict the flow of land to the new town development. In this study data will be gathered through interview with the affected landowners. Data collected will then be analysed qualitatively to identify and classify the elements of the landowners behaviour. The main finding is that landowners play important roles in restricting the supply of land for development. Therfore, solution to the land supply constraint would involve overcoming the landowners behaviour in the new town land development process.

Keywords: Humanism approach – newtown development – land supply contraints - Malaysia

1. Introduction

Land Acquisition Act 1960 (Land Acquisition Act 1960) is the medium for land acquisition.

Provisions in the Land Acquisition Act 1960 provided legal procedure for the public authority

especially the State Authority in acquiring any land for any public purpose development.

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Under the Land Acquisition Act 1960, any land acquired by the legal authority will then be State

Land and it should have no conditions or restrictions applied onto the land. Specific provision for

acquisition of land in the Section 3 of the Land Acquisition Act 1960. Section 3 of the Land

Acquisition Act 1960 stated that the State Authority might acquire any land, which is needed:

i. For any public purpose (may not be argued) as stated by the Judge Hakim

Hashim Yeop A. Sani in the S. Kulaisinggam & Anor. vs. Commissioner of Land

Territory & Ors. (1982) case 1 MLJ 204 (Noor Azli, 1998);

ii. By any person or corporation for any purpose which in the opinion of the State

Authority is beneficial to the economic development of Malaysia or any part

thereof or to the public generally or any class of the public; or

iii. For the purpose of mining or for residential, agricultural, commercial, industrial

or recreational purposes or any combination of such purpose.

With the existence of the Land Acquisition Act 1960, no body may question the process of land

acquisition by the State Authority. Land Acquisition Act 1960 has clearly stated a legal process

and procedures that allows the State Authority to do so. However, the authority would not use

any approach of land acquisition, which could give a bad impact to the landowner. In land

acquisition matters, a uniformed procedure provided as to ensure that the acquisition might not

give any bad impact to all parties involved.

One the main purpose of Land Acquisition Act 1960 is to overcome such problem of some

disincline landowner to surrender their land to the State Authority even a higher amount of

compensation would be paid to them. Besides that, Land Acquisition Act 1960 would also elude

the imposition of any conditions or restrictions onto any acquired land. Other than that, Land

Acquisition Act 1960 also helps in allowing any development for the public purpose development

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without any intervention as well as to overcome other problems relating to lease and easement.

The latest amendment of Land Acquisition Act 1960 had been done in 1999 and it was known as

Act A999. All amendments were made as to strengthen the act in order to ensure that all

provisions stated would be applicable due to current circumstances from time to time.

Therefore, amendments has to be made from time to time as to ensure that all provisions in Land

Acquisition Act 1960 can be used due to the change of development scenario in Malaysia.

Amendments and improvement onto Land Acquisition Act 1960 would also ensure the

effectiveness of the act to overcome any related problems.

Briefly, the main purpose of Land Acquisition Act 1960 is to overcome any related problems and

issues such as:

i. Reluctance of landowner surrendering their land when the legal authority

acquires it.

ii. Invalidation of any conditions or restrictions that is against the use of scheduled

land.

iii. Allowing any development projects without any constraint from the legal aspect.

This paper offers a brief discussion on humanism method for development purpose in land

acquisition contexts, land acquisition for development purpose under Land Acquisition Act 1960,

land acquisition procedure and methodology of research. Section 6 examines Felcra resident’s

behaviour on land acquisition process and procedure and Felcra resident’s behaviour on type of

compensation. Section 7 summaries the achievements of the paper.

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2. Humanism Method for Development Purpose in Land Acquisition Contexts

Land acquisition process is complex. It involves many human agents with different motives,

values, preferences, perceptions and opinions. Government, applicant agency and landowner are

the person with their own motives, personality and attitude that involved in land acquisition.

The applicant agency must follow the application procedure. Therefore, the land administrator

can see the applicant agency motives, preferences and the perception before they approve the land

acquisition application. If the land acquisition process manages wrongly, it can be object in

court. Only the complete application will be process by the land administrator.

Humanism methods emphasize the important for human or agents to make decision in land

development process (Ismail Omar, 1999). The behaviour of a landowner at the pre-development

stage is, for example, fully investigated in relation to his characteristics such as legal, personal,

resources available, size and the extent of operations, and knowledge and attitude to risks. The site

characteristics include factors such as size, current use and investment, location, ground conditions

and other physical attributes, planning status and infrastructure factors. This shows that agency

approaches offer a richer insight into the site characteristics and various agents’ behaviour.

Landowner behaviour may restrict the supply of land for development (Goodchild and Munton,

1985). Goodchild and Munton (1985), for example, demonstrate various landowners’

characteristics such as legal, personal, financial and taxation circumstances that may restrict them

from taking decisions to sell off the lands or participate in the land development process. Alongside

the landowner behaviour, landownership criteria such as defective title, missing and untraced

owner, multiple landownership and unwillingness to sell their land may also affect landowners’

decisions and, hence, restrict the supply of land for redevelopment purposes.

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Expanding the landowner strategy in land development, Goodchild and Munton (1985) presented a

model of constraints to show landowners’ behaviour in relation to three linked decisions: the

financial, operational and management strategy resulting from the interaction between contextual

factors, site characteristics and owner characteristics. The landowner’s land development strategies

are not comprehensive enough to address the overall structural forces as well as the agencies’

economic and non-economic reasons, which may affect their behaviour in the land development

process. In identifying the roles of the landowners, Adams and May (1991) were able to further

classify active (left hand side) and passive landowners (right hand side) and their relationship to the

way land was being used in development process.

The landowners’ decisions are constrained by three sets of factors, (Goodchild and Munton, 1985):

contextual factors such as the general level of land prices and government policy in relation to

development land; site characteristics such as topography, location and planning status or

allocation; and the landowner characteristics such as owner’s age, financial position, legal

personality and their knowledge and attitude towards risk.

3. Land Acquisition Act 1960

Land Acquisition Act 1960 (Act 486) (reviewed on 1992) which is amended according to Act No.

34; affected on 13th October 1960 is based on Land Acquisition Act of India 1894 (Aggrawalla

Om Prakash, 1974). The amendment of Land Acquisition Act 1960 was done as stated under

provision of Article 76 (4) of the Federal Constitution. However, before the existence of Land

Acquisition Act 1960, there are some acts applied in Peninsular Malaysia since 1911 pertaining to

land acquisition (Helmi Hussain, 1999).

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In year 1911, land acquisition was done according to the Land Acquisition Ordinance or the Land

Acquisition Enactment. The State Authority did Land acquisition in that time for any purpose of

development. Thus, the implementation of land acquisition was wholly in the hand of the State

Authority.

According to the chronology of law legislation in Peninsular Malaysia, there were eight type of

legislation being used by the State Authority in acquiring land according to each state before the

existence of Land Acquisition Act 1960 (Rau K.V.Padmanabha, 1999). These legislations allow

the State Authority to acquire any land in their state for the purpose of development. The

legislations are:

i. Johore Land Acquisition Enactment, 1936.

ii. Federated Malay States Land Acquisition Enactment.

iii. Kedah Land Acquisition Enactment (No. 57).

iv. Kelantan Land Acquisition Enactment (replacement of the Land Continuation

Enactment, 1913 (No.7 Year 1913).

v. Perlis Land Acquisition Enactment (Extension of Perlis State) 1958.

vi. Land Acquisition Ordinance (Extension of Terengganu State) 1952.

vii. Perlis Land Acquisition Enactment for the Use of Train, 1932.

viii. Malay Straits States Land Acquisition Ordinance

Since there was no uniformity done onto land acquisition legislation thus, there were too many

legislation used in the former time. As the implication, there were some serious problems

occurred such as land acquisition for the development of highway network across the whole

Peninsular Malaysia. With every state hading their own land acquisition legislation each thus, the

development of such project would face problems of gathering numerous land lots. Thus, the

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existence of Land Acquisition Act 1960 has done a lot of uniformity and improvement in land

acquisition matters.

Meanwhile, Sabah and Sarawak state have a different legislation pertaining to land acquisition.

Sabah has its own land acquisition legislation which is cited as Sabah Land Acquisition

Enactment 1950 (Cap 69), while Sarawak also has it’s own legislation cited as Sarawak Land

Code (Cap 81).

3.1 Adequate Compensation Amount

Adequate compensation, as stated under the provision of Article 13 (2) of the Federal

Constitution refers to amount of compensation, which had been decided with considering all

principles stated under the First Schedule of the Land Act Acquisition 1960. Even though the

State Authority, under the provision of Land Act Acquisition 1960, has the power to posses any

private land, however it does not allow the authority to violate one’s right onto their private

properties.

An adequate compensation amount does no only refer to evaluated land value. There are several

other elements need to be considered. Judge Hashim Yeop A.Sani in the case of Lembaga

Amanah Sekolah Semangat Malaysia vs. Collector of Revenue, Dinding (1978) 1 MLJ 34 stated

that the basis of determination of an adequate amount market value and other factors have been

stated Para 2 of The First Schedule of Land Acquisition Act 1960. The judge decision in this case

shows that the principles of compensation determination listed under Land Acquisition Act 1960

must be complied by the Land Administrator and the Court.

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There are four main principles listed under Land Acquisition Act 1960 on compensation

determination, which are:

i. Open market value taken

ii. Elements to be considered in compensation determination

iii. Elements to be ignored in compensation determination

iv. Award reply

The provision under Section 12 (1) of Land Acquisition Act 1960 has stated that Land

Administrator should make full enquiry into the value of all scheduled lands and should as soon

as possible thereafter assess the amount of compensation which in his opinion is appropriate in

each case, according to the consideration set out in the First Schedule which is the compensation

determination principles Rau K.V.Padmanabha (1999)

In order to ensure that these principles would reflect an adequate compensation amount, thus

there are several parties are need to determine the amount. Those are the Land Administrator,

Public Valuer and Private Valuer. Amendment onto Land Acquisition Act 1960 in 1997 has

defined that a valuer is a valuation officer employed by the Government or a registered valuer or

appraiser registered under the Valuers, Appraisers and Estate Agents Act 1981.

3.4 Types of Compensation in the Land Acquisition in Malaysia

There are no specific types of compensation in Land Acquisition Act 1960. However, there are

many types of compensation in Malaysia (Harian Metro, 8 January 2001). Some types of

compensation to the landowner in Peninsular Malaysia are cash, site and service, house, land,

resettlement and others land compensation.

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4. Land Acquisition Procedure

Land acquisition procedure was been uniformed for the whole Peninsular Malaysia with the

existence of Land Act Acquisition 1960. Even though all states in the Peninsular Malaysia are

adopting the law, however the way of how it been implemented would be different according to

each state. According to the provision of Section 3 (1) of the Land Act Acquisition 1960,

procedures of land acquisition for every state should include:

i. Application, examination and endorsement

ii. Investigations and orders

iii. Compensation payment

iv. Acquisition

v. Court referring

vi. Tax amendment and provision of extent title

Every application of land acquisition must be done by filling some related forms as stated in the

Pekeliling KPTG 2/79, where the format of the form are all uniformed. However, any application

which done under the provision of Section 3 (1) (b) and (c), the applicant must use Form 1 of the

First Schedule Land Acquisition Order 1998 together with some related documents (Helmi

Hussain, 1999).

For certain cases, land has to be investigating before it is acquire to be developed. In such case,

Land Administrator should give a public notice, as it is state under the provision of Section 4 of

the Land Acquisition Act 1960. As stated in Section 4 of the Land Acquisition Act 1960, public

notice has to be issue as to deception in court session of land acquisition. Under Section 4 of the

Land Acquisition Act 1960, “Gazette” should be issued in Form A. Land Administrator should

then post the notice at several places such as the District Land Office, on public notice-boards in

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the mukim or township in which the land to which such notification, declaration or document

refers, is situated and in such other places on or near the land specified in the notification.

If any detail investigation is need onto the acquired land, hence the Lands and Mines Director

should issue a permission letter through Form B. Form B allows any respected person or officer

to enter the land as to do detail investigation on it. However, they still have to comply every

related provision stated in the Land Acquisition Act 1960.

Notification made in Form A will expire after 12 months. However, re-notification can be made if

needed. Thus, any action to be taken such as site visit and investigation must be done within

given duration, which is 12 months. Land valuation done at this stage is very important as to

determine the method had been used in evaluating respective land.

After notification, a declaration has to be made as stated under Section 8 of the Land Acquisition

Act 1960. The declaration is important as to inform the public that any land or part of it has been

acquired for development. In this declaration procedure provided under Section 8 of the Land

Acquisition Act 1960, a paper work must be submitted and approved by the Government Meeting

Council (GMC) before it was given to the State Authority. After the approval then the land been

approved to be acquired by the State Authority. Approved paper work from GMC must then been

followed by Form C, which is contains list of lot number of respected land together with a plan

showing the location of the land.

State Authority will then approve the land acquisition and thus make a declaration in Form D

according to the provision of Section 8 of the Land Acquisition Act 1960. The declaration will

then be shown in government gazette, together with a copy of Form C. Declared Form D will

expire after 2 years effecting from its gazette date. Between this two years time, if Land

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Administrator failed to do site investigation and awarding compensation, nor the State Authority

failed to compensate the land, thus the gazette will automatically be invalid. A new application of

compensation must be submitted if the State Authority still interested with the land.

After the D form is declared, Land Administrator has to mark out land which to be compensate as

in lined with the provision of Section 9 of the Land Acquisition Act 1960. Land marking has to

be done as to facilitate Land Administrator to recognize the land. Land Administrator should then

commence proceedings for the acquisition of the land by giving public notice in Form E. Public

notice made should fix the date of an enquiry for the hearing of claims to compensation for all

interests in such land.

Public notice made by the Land Administrator should comply the provision of Section 52 of the

Land Acquisition Act 1960 and should be posted at several places such as:

i. Related Land Office

ii. Notice-boards in the mukim or township in which the land to which such

notification, declaration or document refers, is situated

iii. Other places which to the Land Administrator is necessary.

Enquiry date fixed in Form E should not be less then 21 days from the date of the Form E itself.

As stated under the provision of Section 12 of the Land Act Acquisition 1960, Land

Administrator should:

i. Enquire the value of all scheduled land

ii. Assess the amount of compensation should be given to the landowner

iii. Investigate landowner’s interests onto scheduled land and the distribution of

compensation.

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Under the provision of Section 13 of the Land Acquisition Act 1960, Land Administrator has the

power to obtain a written opinion on the value of all scheduled lands, summoning and

examination of witnesses, including the persons interested in the land which is subject of the

enquiry, the administration of oaths or affirmations, and for compelling the production and

delivery to him of documents, including issue documents of title and other documents evidencing

title. Related documents are such copy of identity card as the verification of landowner, copy of

Form 14A if there is any dealing done onto scheduled land within the acquisition period and

appointment letter of attorney or letter of power of attorney.

During the enquiry, Land Administrator should record all information gathered from landowners,

interested parties and other appointed representatives. However, there is no specific method for

data recording and it is up to the Land Administrator on how to record the information gathered.

A complete statement of enquiry is very important to the Administrator especially if there is

anybody who disagrees with the amount awarded and thus making an objection to the court.

After the enquiry procedure has completed, Land Administrator should prepare a written award

under his hand in Form G. The Land Administrator should make a separate award for each

separate area of scheduled land in respect of each person whose interest in the land has been

established in such enquiry. Every award prepared by the Land Administrator should be filed in

the office of the Land Administrator and should be final and conclusive evidence of the area of

any scheduled land, of its value in the opinion of the Land Administrator, and the apportionment

of the compensation awarded. Award by Land Administrator should consist of:

i. Amount of compensation awarded

ii. Acreage of scheduled land

iii. Compensation apportionment

iv. Other related costs and expenses.

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Land Administrator should then prepare and serve the award in form of notice in Form H to each

person interested in such land. Every notice in Form H should include an extract from the written

award of the Land Administrator in Form G, relating to the land in which the person to whom

such notice is addressed has an interest.

Landowners or interested parties who receive the award notice have the choice either to accept,

accept with objection or protest the award. Matters, which can be objected, are:

i. The measurement of acquired land

ii. The amount of compensation to be awarded

iii. The persons to whom it is payable

As for the agencies who acquire the land, they have only two choices, which is either to accept or

protest the award.

Through normal practice, Land Administrator would inquire for agreement from both agency and

interested parties before awarding the compensation amount. Discussion with both agency and

interested parties is held as to seek early opinion from both parties on the amount of

compensation to be awarded. However, the final amount would be awarded by the Land

Administrator without any prejudice until the Form H is submitted.

If any or both parties protest the amount of compensation to be awarded, thus Land Administrator

would hold 25% of the total amount to be awarded. It is in lined with the provision of the Land

Act Acquisition 1960 as to secure the party which protest the amount to be awarded. However,

objection can only be made if the offered award is not less then RM3,000.

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For example, if the amount to be awarded by Land Administrator is RM100,000 and interested

parties protest the amount, thus Land Administrator would only pay RM75,000 to the interested

parties and the balance amount which is RM25,000 would be hold by the court until the whole

case is settled. During the enquiry, if there are no interested parties or they were absent, thus the

amount of compensation would be deposite to the High Court. This kind of decision is made

through ex-parte. If the interested party is no longer alive, thus the compensation would be paid

to the Amanah Raya.

5. Research Methodology

A systematic and effective methodology must be use in order to achieve the goal and objectives

of this research. It is important to use a systematic methodology especially to gather and analyze

all data effectively as to get the best result at the end of this research. This type of research was a

descriptive research and case study method had been choosen as a method to do this research.

Malaysia-Singapore Second Link Project and Gelang Patah Development would be the case study

in this research. Specifically, the methodology of this research is as follows:

5.1 First Stage

In the early stage, research begun with the formulation of goal, objectives, problems

identification and the importance of this research. Some secondary data from books and the

internet also gathered at this early stage as well as discussions with the project supervisor.

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5.2 Second Stage

The second stage of this research is to gather all the data needed from both primary and

secondary sources. There are two types of data needed that is primary data and secondary data.

i. Primary Data

Primary data is the raw data. The data is gathered through face to face interview

from thirty one FELCRA Tebing Runtuh passive resident and ten FELCRA

Tebing Runtuh active resident who involve in case research.

ii. Secondary Data

Secondary data was gathered from reading materials such as books, journals,

newspaper cuttings, magazines and other related sources.

5.3 Third Stage

Data gathered from the Second Stage will be analyzed at this stage. The analysis will be done

using qualitative analysis method. All data that had been analyzed will be present in table, figure

and explaination.

5.4 Fourth Stage

The final stage of this research will conclude the whole research. The conclusion will be based on

the findings and result of data analysis. Some recommendations also be suggested at the end of

this research as to improve the main problem of this research.

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6. Research Analysis

The data will be analyze qualitatively and were presented in form of tables, figures and

explanations.

6.1 Analysis of Felcra Residents Behaviour on Land Acquisition Process and Procedure

Felcra resident behaviour on land acquisition process and procedure divided to their perception,

motives, strategy and action.

6.1.1 Felcra Residents Perception on Land Acquisition Process and Procedure

Figure 1: Felcra Residents Perception on Land Acquisition Process and Procedure

The passive residents have a bad perception on land acquisition process by the government. They

protest the land acquisition process by the government. However, the active residents satisfy

with the land acquisition process. They have a good perception on the land acquisition process

by government.

Perception

Passive Residents Active Residents

Protest the land acquisition process by the government

Satisfy with the land acquisition process.

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6.1.2 Felcra Residents Motives on Land Acquisition Process and Procedure

Figure 2: Felcra Resident Motives on Land Acquisition Process and Procedure

The passive residents protest with the land acquisition process by the government because they

preserve their rights. They want the government follow the land acquisition procedure to acquire

their land. However, the active residents give a way for development and they satisfy with the

land acquisition process by the government.

6.1.3 Felcra Residents Strategies on Land Acquisition Process and Procedure

Table 1: Felcra Residents Strategies on Land Acquisition Process and Procedure

Strategy Passive Resident Active Resident

Move out from the Felcra land.

Move in the resettlement house. X

The passive residents refuse to move in the resettlement house but they move out from the Felcra

land. Nevertheless, the active residents move in to the resettlement house.

MotivesPassive Residents

Preserve their rights

Active ResidentsGive way for development

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6.1.4 Felcra Residents Action on Land Acquisition Process and Procedure

Figure 3: Felcra Residents Action on Land Acquisition Process and Procedure

The passive residents appoint a lawyer to preserve their right. Therefore, they have a power to

protest the land acquisition process by the government. Nevertheless, the active residents live in

the resettlement house.

6.2 Analysis of Felcra Residents Behaviour on the Types of Compensation

The Felcra resident’s behaviour on the types of compensation divided to their perception,

motives, strategies and action.

6.2.1 Felcra Residents Perception on the Types of Compensation

Figure 4: Felcra Residents Perception on the Types of Compensation

All respondents have accepted the payment of the amount such as award under protest

6.2.2 Felcra Resident Motives on the Types of Compensation

Passive Residents

Appoint Lawyer

Active Residents

Live in the Resettlement House.

Accept the Compensation with Protest

31PASSIVE

RESIDENTS PERCEPTION

10 ACTIVE

RESIDENTS PERCEPTION

Action

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Base on the interview, all respondents have accepted the compensation amount with protest

because they target to get the adequate compensation. They make objection to the amount of

compensation, persons to whom it is payable and the apportionment of the compensation.

6.2.3 Felcra Residents Strategies on the Types of Compensation

Table 2: Felcra Resident Strategies on the Types of Compensation

Strategies Passive Residents Active Residents

Accept Payment of The Amount Of Such Award

Accept The Small Farmer Share

Accept and Move in The Resettlement House X

All respondents accept the payment of the amount of such award and the small farmer share.

Nevertheless, the passive residents refuse to move in the resettlement house. However, the active

residents accept and move in the resettlement house.

6.2.4 Felcra Residents Action on the Types of Compensation

All respondents have accepted the payment of the amount such award under protest and have

appointed a lawyer. However, the lawyer for passive residents and active residents are different.

Nevertheless, both respondents make objection to the same subject.

6.3 Analysis on the Interaction between Felcra Residents and Agents

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All respondents interact more than 10 times with the external consultant or representative. Bot of

respondents like to interact with the representative. The passive residents were representive by a

former of Felcra Residents Leader and the active residents were representative by the Felcra

resident’s leader.

Figure 5: The Interaction between the Related Agents

7. Findings

Base on the research analysis, the results shows some findings. First, most of the respondents was

a local Tebing Runtuh village resident with the low education level. They do not understand

about legislation and land acquisition.

31 Passive Residents

10 Active Residents

External Consultant /

Representative

Private Valuer

Public Valuer

Lawyer

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Second findings shows that the action taken by the residents was affected by their perceptions,

motives and strategies.

Thirdly, the action taken by the two categories of the affected residents is differed eventhough

they both are actually targeted for the adequate compensation.

Forth, the government and develepor had breached their promises about the free of charge

resettlement house and caused to negative behaviour among the affected residents.

Fifth, the passive residents refuse to move in the resettlement house. At the same time they build

squatters houses on the reserved land near the coast.

Sixth, all respondents like to interact with the representative. They get information from the

representative and their representative will interact with the private valuer, lawyer and

government.

Lastly, some of the respondents suggest to include social and economic factor in the payment of

amount of such award.

8. Conclusion

Base on the analysis and findings, the action taken by the residents was affected by their

perceptions, motives and strategies. The passive residents appoint a lawyer to preserve their right.

Therefore, they have a power to protest the land acquisition process by the government. They

want the government follow the land acquisition procedure to acquire their land. The action

taken by the two categories of the affected residents is differed eventhough they both are actually

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targeted for the adequate compensation and object on the same subject. The government and

develepor had breached their promises and caused to negative behaviour among the affected

residents. At the end of this research, solutions were suggested as to make the government and

develepors aware about this issue for a smooth land acquisition and development process.

References

Abdul Aziz Husain (1996). Undang-Undang Pemerolehan Dan Pengambilan Tanah. Kuala

Lumpur: Dewan Bahasa Dan Pustaka.

Adams CD dan May HG(1991) Active And Passive Behaviour In Land Ownership. Urban Studies.

28(5), 687-705

Ashok Ranjan Basu (1988). Urban Squatters Housing In Third World. New Delhi: Mitthal

Publication.

Aggrawalla Om Prakash (1974). Compulsory Acquisition Of Land In India. India: The University

Book Agency.

Bandar Nusajaya SDN. BHD. (2006). Nusajaya The City For Business, Living and Leisure.

Brown Douglas (1972). Land Acquisition–An Examination of the Principles of Law Governing

the Compulsory Acquisition or Resumption of Land in Australia and New Zealand. Australia:

Butterworths.

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Democratic Action Party (1995). Jangan Rampas Tanah Kami! : Cetusan Dari Persidangan

Kebangsaan Menentang Penyelewengan Dan Penindasan Pengambilan Tanah DAP. Persidangan

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