KUALA LUMPUR (Oct 27): A group of Kuala Lumpur residents has gone to the court to challenge a 66-year-old law that allows the government to take over private land, including for projects by private companies.

The Land Acquisition Act 1960 does not give property owners a fair chance to object or even to be heard before their property is taken, according to a Tuesday statement from the Kuala Lumpur Residents Action for Sustainable Development Association that also calls itself KLRA+SD.

“This contravenes the principles of natural justice, particularly the fundamental principle that a person must be given a fair opportunity to present their case before any decision affecting their rights is made,” KLRA+SD said.

The constitutional challenge through the Kuala Lumpur High Court comes at a time of growing concerns over potential forced displacement from aggressive development and redevelopment efforts.

A bill to facilitate the redevelopment of dilapidated urban areas was also scrapped by the Cabinet for extensive revisions and improvements following months-long opposition amid concerns over compulsory acquisition under the Land Acquisition Act.

KLRA+SD is taking aim against certain provisions of the law also known as Act 486, focusing on the constitutionality of Section 3(1).

In its current form and interpretation, the section “raises serious concerns about arbitrariness, unfairness, injustice, and incompatibility” with the Federal Constitution’s Article 13(1), which ensures no person shall be deprived of property except by following the law, the association said.

Further, the section allows the exercise of “compulsory acquisition powers in a disproportionate, excessive and arbitrary manner", KLRA+SD said, arguing that it also violates Article 8(1) that guarantees equality before the law.

“Through this legal challenge, KLRA+SD seeks to uphold the supremacy of the Federal Constitution while ensuring that the exercise of compulsory acquisition powers remains anchored to natural justice, equality and the rule of law,” the association added.