PETALING JAYA: A Kuala Lumpur residents’ group has filed a constitutional challenge in the Kuala Lumpur High Court against certain provisions of the Land Acquisition Act 1960, citing concerns over property rights, procedural fairness and the government’s power to acquire private property.
The Kuala Lumpur Residents Action for Sustainable Development Association (KLRA+SD) said it was challenging the constitutionality of Sections 3(1)(b) and (c) of the Act, which allow the state to compulsorily acquire land for purposes including economic development, residential and commercial projects, provided that the statutory requirements are met.
The group is seeking appropriate relief from the court, including declarations that the challenged provisions of the Act are invalid.
In a statement, KLRA+SD said its case comes amid growing concern among urban communities facing the threat of forced displacement due to "aggressive" urban development and redevelopment projects.
The group said its challenge centred on the absence of a meaningful pre-acquisition hearing under the Land Acquisition Act, which provides no formal avenue for a person whose property is proposed for acquisition to object and be heard before the property is taken.
"This contravenes the principles of natural justice, particularly the fundamental requirement that a person be given a fair opportunity to present their case before a decision affecting their rights is made.
"This safeguard is central 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 said Sections 3(1)(b) and (c) of the Act could be incompatible with Article 8(1) of the Federal Constitution, which guarantees equality before the law and equal protection under the law.
The group argued that compulsory acquisition should be permitted only for genuine public purposes or in the national interest, not to facilitate private-sector gains under the guise of "public benefit".
KLRA+SD said compulsory land acquisition should not be treated as an unrestricted exercise of government power, adding that the process must serve the broader public interest and ensure fair treatment for those affected.
It said the legal framework should go beyond financial compensation to provide comprehensive safeguards that uphold constitutional rights and procedural fairness.
KLRA+SD said its challenge aimed to uphold the supremacy of the Federal Constitution and ensure that compulsory acquisition powers remain subject to natural justice, equality and the rule of law.
It described the legal action as a first step towards a broader national discussion on urban redevelopment and how it could better serve the public interest.