[2018] 6 CLJ 462
Section 78(3) of the NLC clearly states that alienation could only take place upon registration of a register document of title. This is the position notwithstanding that its alienation has been approved by the State Authority, ‘the land shall remain State land until that time’. In short, approval alone does not equate with alienation and title, equitable or otherwise. There must be registration of title in accordance with the NLC. From the reading of s. 78(3) NLC, its rationale is to ensure that notwithstanding prior approval by the State Authority, the alienation process is only completed when final registration takes place in accordance with s. 78(1) or (2) of the NLC. Thus, the scope of s. 78(3) of the NLC is wide enough to cater for any eventualities that might take place between the time of the approval to the time of registration of the title. The consent judgment was in effect a contract between the parties which was superadded by the command of the court. In this respect, the liquidator of the respondent had the locus standi to enter into the agreement with the petitioner. This, in turn, gave legitimacy to the agreement itself. This was so despite the fact that registration had not taken place as yet. Contributories application was dismissed. Datuk Ganesan and Subashini acted for the Liquidator and Respondent.